By: Whitmire, Huffman S.B. No. 827
(In the Senate - Filed February 26, 2013; March 5, 2013, read
first time and referred to Committee on Criminal Justice;
April 18, 2013, reported favorably by the following vote: Yeas 6,
Nays 0; April 18, 2013, sent to printer.)
A BILL TO BE ENTITLED
AN ACT
relating to the fraudulent use of identifying information by
certain sex offenders; providing criminal penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 62.102, Code of Criminal Procedure, is
amended by adding Subsection (d) to read as follows:
(d) If it is shown at the trial of a person for an offense
under this article or an attempt to commit an offense under this
article that the person fraudulently used identifying information
in violation of Section 32.51, Penal Code, during the commission or
attempted commission of the offense, the punishment for the offense
or the attempt to commit the offense is increased to the punishment
for the next highest degree of felony.
SECTION 2. Subsection (c-1), Section 32.51, 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:
(1) the offense was committed against an elderly
individual as defined by Section 22.04; or
(2) the actor fraudulently used identifying
information with the intent to facilitate an offense under Article
62.102, Code of Criminal Procedure.
SECTION 3. 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
governed 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 4. This Act takes effect September 1, 2013.
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