Texas House Bill HB2328

Texas 2009 - 81st Regular

• Out of House Committee: 4/15/09
• Voted on by House: 4/30/09
• Out of Senate Committee: 5/21/09
• Voted on by Senate: 5/26/09
• Governor Action: 6/19/09
• Enrolled: 6/1/09
• Passed: 6/19/09

Caption

Relating to the punishment for certain fraud offenses committed against elderly individuals.

Impact

The changes proposed by HB2328 are intended to provide a stronger legal framework for addressing fraud against the elderly. By increasing the severity of penalties, the bill aims to deter potential offenders from targeting elderly victims, who are often more susceptible to fraud due to various factors, including isolation, cognitive decline, or lack of technological familiarity. This can lead to a more robust protective measure in state law, ensuring that individuals who commit such offenses face significant consequences, thereby promoting a safer environment for Texas's senior citizens.

Summary

House Bill 2328 seeks to enhance penalties for certain fraud offenses committed against elderly individuals in Texas. The bill amends several sections of the Penal Code, specifically addressing the classification of offenses that target the elderly. Under the proposed legislation, any fraud offense committed against an elderly person will be classified as a more serious crime, effectively elevating the charge to a higher category of offense, thereby increasing the potential punishment for perpetrators who exploit or defraud older individuals. This initiative underscores the growing concern over the protection of vulnerable populations, particularly the elderly, from financial exploitation and fraud-related crimes.

Contention

While the intention behind HB2328 is largely seen as a necessary step toward enhancing the protection of elderly individuals, there may be concerns about the balance between appropriate punishment and potential overreach in the legal system. Critics might argue that elevating penalties could lead to unintended consequences, such as overcrowding in detention facilities or discrepancies in enforcement based on the subjective determination of what constitutes targeting an elderly individual. Additionally, discussions surrounding the effectiveness of harsher punishments as a deterrent might arise, questioning whether the enhanced penalties will indeed lead to a decrease in fraud committed against the elderly.