| 1 | 1 | | 81R2010 SJM-D |
|---|
| 2 | 2 | | By: Eiland H.B. No. 4101 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | A BILL TO BE ENTITLED |
|---|
| 6 | 6 | | AN ACT |
|---|
| 7 | 7 | | relating to punishment for the offense of theft committed in |
|---|
| 8 | 8 | | certain evacuated or disaster areas. |
|---|
| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 10 | 10 | | SECTION 1. Section 31.03(f), Penal Code, is amended to read |
|---|
| 11 | 11 | | as follows: |
|---|
| 12 | 12 | | (f) An offense described for purposes of punishment by |
|---|
| 13 | 13 | | Subsections (e)(1)-(6) is increased to the next higher category of |
|---|
| 14 | 14 | | offense if it is shown on the trial of the offense that: |
|---|
| 15 | 15 | | (1) the actor was a public servant at the time of the |
|---|
| 16 | 16 | | offense and the property appropriated came into the actor's |
|---|
| 17 | 17 | | custody, possession, or control by virtue of his status as a public |
|---|
| 18 | 18 | | servant; |
|---|
| 19 | 19 | | (2) the actor was in a contractual relationship with |
|---|
| 20 | 20 | | government at the time of the offense and the property appropriated |
|---|
| 21 | 21 | | came into the actor's custody, possession, or control by virtue of |
|---|
| 22 | 22 | | the contractual relationship; [or] |
|---|
| 23 | 23 | | (3) the owner of the property appropriated was at the |
|---|
| 24 | 24 | | time of the offense an elderly individual; or |
|---|
| 25 | 25 | | (4) the offense was committed in an area that is: |
|---|
| 26 | 26 | | (A) considered to be a disaster area under |
|---|
| 27 | 27 | | Section 418.014 or 418.108, Government Code; or |
|---|
| 28 | 28 | | (B) subject to an emergency evacuation order. |
|---|
| 29 | 29 | | SECTION 2. Section 31.03(h), Penal Code, is amended by |
|---|
| 30 | 30 | | adding Subdivision (3) to read as follows: |
|---|
| 31 | 31 | | (3) "Emergency evacuation order" means an official |
|---|
| 32 | 32 | | statement issued by the governing body of this state or a political |
|---|
| 33 | 33 | | subdivision of this state to recommend or require the evacuation of |
|---|
| 34 | 34 | | all or part of the population of an area stricken or threatened with |
|---|
| 35 | 35 | | a disaster. |
|---|
| 36 | 36 | | SECTION 3. The change in law made by this Act applies only |
|---|
| 37 | 37 | | to an offense committed on or after the effective date of this Act. |
|---|
| 38 | 38 | | An offense committed before the effective date of this Act is |
|---|
| 39 | 39 | | governed by the law in effect when the offense was committed, and |
|---|
| 40 | 40 | | the former law is continued in effect for that purpose. For |
|---|
| 41 | 41 | | purposes of this section, an offense was committed before the |
|---|
| 42 | 42 | | effective date of this Act if any element of the offense occurred |
|---|
| 43 | 43 | | before that date. |
|---|
| 44 | 44 | | SECTION 4. This Act takes effect September 1, 2009. |
|---|