82R1533 KCR-F
By: Menendez H.B. No. 385
A BILL TO BE ENTITLED
AN ACT
relating to the punishment for theft and certain fraud offenses
committed against a disabled individual.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 31.01, Penal Code, is amended by adding
Subdivision (11) to read as follows:
(11) "Disabled individual" has the meaning assigned by
Section 22.04(c).
SECTION 2. Section 31.03(f), Penal Code, is amended to read
as follows:
(f) An offense described for purposes of punishment by
Subsections (e)(1)-(6) is increased to the next higher category of
offense if it is shown on the trial of the offense that:
(1) the actor was a public servant at the time of the
offense and the property appropriated came into the actor's
custody, possession, or control by virtue of his status as a public
servant;
(2) the actor was in a contractual relationship with
government at the time of the offense and the property appropriated
came into the actor's custody, possession, or control by virtue of
the contractual relationship;
(3) the owner of the property appropriated was at the
time of the offense:
(A) an elderly individual; [or]
(B) a disabled individual; or
(C) a nonprofit organization; or
(4) the actor was a Medicare provider in a contractual
relationship with the federal government at the time of the offense
and the property appropriated came into the actor's custody,
possession, or control by virtue of the contractual relationship.
SECTION 3. Section 32.21(e-1), Penal Code, is amended to
read as follows:
(e-1) An offense under this section is increased to the next
higher category of offense if it is shown on the trial of the
offense that the offense was committed against an elderly
individual or a disabled individual, as those terms are defined by
Section 22.04.
SECTION 4. Section 32.31(d), Penal Code, is amended to read
as follows:
(d) An offense under this section is a state jail felony,
except that the offense is a felony of the third degree if it is
shown on the trial of the offense that the offense was committed
against an elderly individual or a disabled individual, as those
terms are defined by Section 22.04.
SECTION 5. Section 32.45(d), Penal Code, is amended to read
as follows:
(d) An offense described for purposes of punishment by
Subsections (c)(1)-(6) is increased to the next higher category of
offense if it is shown on the trial of the offense that the offense
was committed against an elderly individual or a disabled
individual, as those terms are defined by Section 22.04.
SECTION 6. Section 32.46(c-1), Penal Code, is amended to
read as follows:
(c-1) An offense described for purposes of punishment by
Subsections (b)(1)-(6) and (c) is increased to the next higher
category of offense if it is shown on the trial of the offense that
the offense:
(1) was committed against an elderly individual or a
disabled individual, as those terms are defined by Section 22.04;
or
(2) involves the state Medicaid program.
SECTION 7. Section 32.51(c-1), Penal Code, is amended to
read as follows:
(c-1) An offense described for purposes of punishment by
Subsections (c)(1)-(3) is increased to the next higher category of
offense if it is shown on the trial of the offense that the offense
was committed against an elderly individual or a disabled
individual, as those terms are defined by Section 22.04.
SECTION 8. The change in law made by this Act applies only
to an offense committed on or after the effective date of this Act.
An offense committed before the effective date of this Act is
covered by the law in effect on the date the offense was committed,
and the former law is continued in effect for that purpose. For
purposes of this section, an offense was committed before the
effective date of this Act if any element of the offense occurred
before that date.
SECTION 9. This Act takes effect September 1, 2011.