82R5590 GCB-D
By: Marquez H.B. No. 3304
A BILL TO BE ENTITLED
AN ACT
relating to creating the offense of exploitation of an elderly
individual; providing a penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter D, Chapter 32, Penal Code, is amended
by adding Section 32.53 to read as follows:
Sec. 32.53. EXPLOITATION OF ELDERLY INDIVIDUAL. (a) In
this section:
(1) "Elderly individual" has the meaning assigned by
Section 22.04.
(2) "Exploitation" means the illegal or improper use
of an individual or of the resources of the individual for benefit,
profit, or gain.
(b) A person commits an offense if the person intentionally,
knowingly, or recklessly causes the exploitation of an elderly
individual.
(c) An offense under this section is a felony of the third
degree.
(d) A person who is subject to prosecution under both this
section and another section of this code may be prosecuted under
either or both sections. Section 3.04 does not apply to criminal
episodes prosecuted under both this section and another section of
this code. If a criminal episode is prosecuted under both this
section and another section of this code and sentences are assessed
for convictions under both sections, the sentences shall run
concurrently.
SECTION 2. This Act takes effect September 1, 2011.