| 1 | 1 | | H.B. No. 671 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | AN ACT |
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| 5 | 5 | | relating to the penalty for theft from a nonprofit organization or |
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| 6 | 6 | | by Medicare providers. |
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| 7 | 7 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 8 | 8 | | SECTION 1. Section 31.03(f), Penal Code, is amended to read |
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| 9 | 9 | | as follows: |
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| 10 | 10 | | (f) An offense described for purposes of punishment by |
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| 11 | 11 | | Subsections (e)(1)-(6) is increased to the next higher category of |
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| 12 | 12 | | offense if it is shown on the trial of the offense that: |
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| 13 | 13 | | (1) the actor was a public servant at the time of the |
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| 14 | 14 | | offense and the property appropriated came into the actor's |
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| 15 | 15 | | custody, possession, or control by virtue of his status as a public |
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| 16 | 16 | | servant; |
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| 17 | 17 | | (2) the actor was in a contractual relationship with |
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| 18 | 18 | | government at the time of the offense and the property appropriated |
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| 19 | 19 | | came into the actor's custody, possession, or control by virtue of |
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| 20 | 20 | | the contractual relationship; [or] |
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| 21 | 21 | | (3) the owner of the property appropriated was at the |
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| 22 | 22 | | time of the offense: |
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| 23 | 23 | | (A) an elderly individual; or |
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| 24 | 24 | | (B) a nonprofit organization; or |
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| 25 | 25 | | (4) the actor was a Medicare provider in a contractual |
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| 26 | 26 | | relationship with the federal government at the time of the offense |
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| 27 | 27 | | and the property appropriated came into the actor's custody, |
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| 28 | 28 | | possession, or control by virtue of the contractual relationship. |
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| 29 | 29 | | SECTION 2. Section 31.03(h), Penal Code, is amended by |
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| 30 | 30 | | adding Subdivision (3) to read as follows: |
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| 31 | 31 | | (3) "Nonprofit organization" means an organization |
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| 32 | 32 | | that is exempt from federal income taxation under Section 501(a), |
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| 33 | 33 | | Internal Revenue Code of 1986, by being described as an exempt |
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| 34 | 34 | | organization by Section 501(c)(3) of that code. |
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| 35 | 35 | | SECTION 3. The change in law made by this Act applies only |
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| 36 | 36 | | to an offense committed on or after the effective date of this Act. |
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| 37 | 37 | | An offense committed before the effective date of this Act is |
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| 38 | 38 | | covered by the law in effect when the offense was committed, and the |
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| 39 | 39 | | former law is continued in effect for that purpose. For purposes of |
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| 40 | 40 | | this section, an offense was committed before the effective date of |
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| 41 | 41 | | this Act if any element of the offense was committed before that |
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| 42 | 42 | | date. |
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| 43 | 43 | | SECTION 4. This Act takes effect September 1, 2009. |
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| 44 | 44 | | ______________________________ ______________________________ |
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| 45 | 45 | | President of the Senate Speaker of the House |
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| 46 | 46 | | I certify that H.B. No. 671 was passed by the House on April |
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| 47 | 47 | | 21, 2009, by the following vote: Yeas 140, Nays 1, 1 present, not |
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| 48 | 48 | | voting; and that the House concurred in Senate amendments to H.B. |
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| 49 | 49 | | No. 671 on May 29, 2009, by the following vote: Yeas 144, Nays 0, 2 |
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| 50 | 50 | | present, not voting. |
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| 51 | 51 | | ______________________________ |
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| 52 | 52 | | Chief Clerk of the House |
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| 53 | 53 | | I certify that H.B. No. 671 was passed by the Senate, with |
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| 54 | 54 | | amendments, on May 27, 2009, by the following vote: Yeas 31, Nays |
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| 55 | 55 | | 0. |
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| 56 | 56 | | ______________________________ |
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| 57 | 57 | | Secretary of the Senate |
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| 58 | 58 | | APPROVED: __________________ |
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| 59 | 59 | | Date |
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| 60 | 60 | | __________________ |
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| 61 | 61 | | Governor |
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