BILL ANALYSIS Senate Research Center S.B. 828 By: Whitmire State Affairs 8/5/2009 Enrolled AUTHOR'S / SPONSOR'S STATEMENT OF INTENT Current law as it relates to the charge of abuse of office does not allow for the aggregation of the amounts of separate transactions in order to enhance the degree of the offense. Therefore, the degree of the crime actually committed may not be accurately reflected in the charge. Allowing a series of abusive offenses to be aggregated to accurately reflect the degree of the offense would allow for a punishment that more appropriately punishes those crimes. S.B. 828 enables the aggregation of the value when funds or services are utilized in conduct that is an abuse of official capacity. RULEMAKING AUTHORITY This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 39.02, Penal Code, by adding Subsections (e) and (f), as follows: (e) Provides that, if separate transactions that violate Subsection (a)(2) (related to a public servant intentionally or knowingly misusing government property, services, personnel, or anything of value belonging to the government when committing an offense) are conducted pursuant to one scheme or continuing course of conduct, the conduct may be considered as one offense and the value of the use of the things misused in the transactions may be aggregated in determining the classification of the offense. (f) Prohibits the value of the use of a thing of value misused under Subsection (a)(2) from exceeding the fair market value of the thing at the time of the offense or the cost of replacing the thing within a reasonable time after the offense if the fair market value of the thing cannot be ascertained. SECTION 2. Makes application of this Act prospective. SECTION 3. Effective date: September 1, 2009.
BILL ANALYSIS
Senate Research Center S.B. 828
By: Whitmire
State Affairs
8/5/2009
Enrolled
AUTHOR'S / SPONSOR'S STATEMENT OF INTENT
Current law as it relates to the charge of abuse of office does not allow for the aggregation of the amounts of separate transactions in order to enhance the degree of the offense. Therefore, the degree of the crime actually committed may not be accurately reflected in the charge. Allowing a series of abusive offenses to be aggregated to accurately reflect the degree of the offense would allow for a punishment that more appropriately punishes those crimes.
S.B. 828 enables the aggregation of the value when funds or services are utilized in conduct that is an abuse of official capacity.
RULEMAKING AUTHORITY
This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Section 39.02, Penal Code, by adding Subsections (e) and (f), as follows:
(e) Provides that, if separate transactions that violate Subsection (a)(2) (related to a public servant intentionally or knowingly misusing government property, services, personnel, or anything of value belonging to the government when committing an offense) are conducted pursuant to one scheme or continuing course of conduct, the conduct may be considered as one offense and the value of the use of the things misused in the transactions may be aggregated in determining the classification of the offense.
(f) Prohibits the value of the use of a thing of value misused under Subsection (a)(2) from exceeding the fair market value of the thing at the time of the offense or the cost of replacing the thing within a reasonable time after the offense if the fair market value of the thing cannot be ascertained.
SECTION 2. Makes application of this Act prospective.
SECTION 3. Effective date: September 1, 2009.