| 1 | 1 | | By: Gallego H.B. No. 4467 |
|---|
| 2 | 2 | | |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | A BILL TO BE ENTITLED |
|---|
| 5 | 5 | | AN ACT |
|---|
| 6 | 6 | | relating to the creation and prosecution of the offense of making a |
|---|
| 7 | 7 | | false statement with the intent to deny a benefit. |
|---|
| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 9 | 9 | | SECTION 1. Chapter 32, Penal Code, is amended by adding |
|---|
| 10 | 10 | | Section 32.53 to read as follows: |
|---|
| 11 | 11 | | Sec. 32.53. FALSE STATEMENT TO DENY BENEFIT. (a) A person |
|---|
| 12 | 12 | | commits an offense if the person intentionally or knowingly makes a |
|---|
| 13 | 13 | | materially false or misleading written statement to another with |
|---|
| 14 | 14 | | intent to deny a benefit to which the other person is entitled. |
|---|
| 15 | 15 | | (c) An offense under this section is: |
|---|
| 16 | 16 | | (1) a Class C misdemeanor if the value of the benefit |
|---|
| 17 | 17 | | denied is less than $500; |
|---|
| 18 | 18 | | (2) a Class B misdemeanor if the value of the benefit |
|---|
| 19 | 19 | | denied is $500 or more but less than $5,000; |
|---|
| 20 | 20 | | (3) a Class A misdemeanor if the value of the benefit |
|---|
| 21 | 21 | | denied is $5,000 or more but less than $10,000; |
|---|
| 22 | 22 | | (4) a state jail felony if the value of the benefit |
|---|
| 23 | 23 | | denied is $10,000 or more but less than $20,000; |
|---|
| 24 | 24 | | (5) a felony of the third degree if the value of the |
|---|
| 25 | 25 | | benefit denied is $20,000 or more but less than $100,000; |
|---|
| 26 | 26 | | (6) a felony of the second degree if the value of the |
|---|
| 27 | 27 | | benefit denied is $100,000 or more but less than $200,000; or |
|---|
| 28 | 28 | | (7) a felony of the first degree if the value of the |
|---|
| 29 | 29 | | benefit denied is $200,000 or more. |
|---|
| 30 | 30 | | SECTION 2. Chapter 12, Code of Criminal Procedure, is |
|---|
| 31 | 31 | | amended by adding Article 12,011 to read as follows: |
|---|
| 32 | 32 | | Art. 12.011. FALSE STATEMENT TO DENY BENEFIT. (a) The |
|---|
| 33 | 33 | | limitation period for an offense under Section 32.53, Penal Code, |
|---|
| 34 | 34 | | is 10 years from the date of the commission of the offense. |
|---|
| 35 | 35 | | SECTION 3. This Act takes effect September 1, 2009. |
|---|