Texas 2011 - 82nd Regular

Texas House Bill HB385

Filed
 
Out of House Committee
4/8/11  
Introduced
12/6/10  
Voted on by House
4/25/11  
Voted on by Senate
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to the punishment for theft and certain fraud offenses committed against a disabled individual.

Impact

The amendments proposed by HB 385 are expected to significantly impact how theft and fraud cases are prosecuted in Texas. Offenses, when shown to have affected elderly or disabled victims, will be categorized as more severe compared to similar offenses against the general population. This change is designed to send a strong message about protecting vulnerable individuals from exploitation and to ensure that perpetrators face stricter consequences for their actions.

Summary

House Bill 385 is an act designed to enhance the punishment for theft and certain fraud offenses when the crimes are committed against vulnerable populations, specifically the elderly and disabled individuals. By amending various sections of the Penal Code, the bill seeks to redefine the parameters under which offenses are elevated to more severe categories if committed against these individuals. The bill broadens the legal definition of a 'disabled individual', aligning it with existing definitions in Texas law, thus fortifying protections for these demographic groups.

Contention

While the intent behind HB 385 is largely seen as positive, there are underlying contentions regarding the implementation of these increased penalties. Some lawmakers and advocacy groups may express concern over whether the changes will lead to consistent and fair application in courts or may create unintended consequences, such as overzealous prosecution of minor offenses against these populations. The balance between protecting vulnerable individuals and ensuring fair judicial processes remains a point of contention as discussions progress.

Companion Bills

TX SB964

Identical Relating to the punishment for theft and certain fraud offenses committed against a disabled individual.

Previously Filed As

TX HB208

Relating to the punishment for certain controlled substance offenses committed in a drug-free zone; increasing criminal penalties.

TX SB463

Relating to increasing the criminal punishment for assault committed against a sports participant.

TX HB505

Relating to the prosecution of and punishment for the criminal offense of hindering the investigation or prosecution of certain sexual offenses committed against a child; increasing criminal penalties.

TX HB1769

Relating to the statute of limitations for certain offenses committed against children.

TX HB2187

Relating to the criminal offense of abandoning or endangering a child, elderly individual, or disabled individual.

TX HB4642

Relating to offenses involving the manufacture or delivery of certain controlled substances and the enforcement and prevention of those offenses; creating a criminal offense.

TX SB1527

Relating to human trafficking, including the prosecution and punishment of compelling and solicitation of prostitution and other sexual or assaultive offenses; increasing a criminal penalty; creating a criminal offense.

TX HB3451

Relating to human trafficking, including the prosecution and punishment of compelling and solicitation of prostitution and other sexual or assaultive offenses; increasing a criminal penalty; creating a criminal offense.

TX SB129

Relating to the prosecution and punishment for possession or promotion of child pornography; increasing criminal penalties.

TX HB3553

Relating to increasing the criminal penalty for certain offenses if committed at certain locations.

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