| 1 | 1 | | 86R7961 CLG-F |
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| 2 | 2 | | By: Thierry H.B. No. 977 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to creating the criminal offense of financial abuse of an |
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| 8 | 8 | | elderly individual. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Subchapter D, Chapter 32, Penal Code, is amended |
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| 11 | 11 | | by adding Section 32.55 to read as follows: |
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| 12 | 12 | | Sec. 32.55. FINANCIAL ABUSE OF ELDERLY INDIVIDUAL. (a) In |
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| 13 | 13 | | this section: |
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| 14 | 14 | | (1) "Elderly individual" has the meaning assigned by |
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| 15 | 15 | | Section 22.04. |
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| 16 | 16 | | (2) "Financial abuse" means the wrongful taking, |
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| 17 | 17 | | appropriation, obtaining, retention, or use of, or assisting in the |
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| 18 | 18 | | wrongful taking, appropriation, obtaining, retention, or use of, |
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| 19 | 19 | | money or other property of another person by any means, including by |
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| 20 | 20 | | exerting undue influence. The term includes financial |
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| 21 | 21 | | exploitation. |
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| 22 | 22 | | (3) "Financial exploitation" means the wrongful |
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| 23 | 23 | | taking, appropriation, obtaining, retention, or use of money or |
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| 24 | 24 | | other property of another person by a person who has a relationship |
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| 25 | 25 | | of confidence or trust with the other person. Financial |
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| 26 | 26 | | exploitation may involve coercion, manipulation, threats, |
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| 27 | 27 | | intimidation, misrepresentation, or the exerting of undue |
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| 28 | 28 | | influence. The term includes: |
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| 29 | 29 | | (A) the breach of a fiduciary relationship, |
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| 30 | 30 | | including the misuse of a durable power of attorney or the abuse of |
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| 31 | 31 | | guardianship powers, that results in the unauthorized |
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| 32 | 32 | | appropriation, sale, or transfer of another person's property; |
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| 33 | 33 | | (B) the unauthorized taking of personal assets; |
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| 34 | 34 | | (C) the misappropriation, misuse, or |
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| 35 | 35 | | unauthorized transfer of another person's money from a personal or |
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| 36 | 36 | | a joint account; and |
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| 37 | 37 | | (D) the knowing or intentional failure to |
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| 38 | 38 | | effectively use another person's income and assets for the |
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| 39 | 39 | | necessities required for the person's support and maintenance. |
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| 40 | 40 | | (b) For purposes of Subsection (a)(3), a person has a |
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| 41 | 41 | | relationship of confidence or trust with another person if the |
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| 42 | 42 | | person: |
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| 43 | 43 | | (1) is a parent, spouse, adult child, or other |
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| 44 | 44 | | relative by blood or marriage of the other person; |
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| 45 | 45 | | (2) is a joint tenant or tenant in common with the |
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| 46 | 46 | | other person; |
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| 47 | 47 | | (3) has a legal or fiduciary relationship with the |
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| 48 | 48 | | other person; |
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| 49 | 49 | | (4) is a financial planner or investment professional |
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| 50 | 50 | | who provides services to the other person; or |
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| 51 | 51 | | (5) is a paid or unpaid caregiver of the other person. |
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| 52 | 52 | | (c) A person commits an offense if the person knowingly |
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| 53 | 53 | | engages in the financial abuse of an elderly individual. |
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| 54 | 54 | | (d) An offense under this section is: |
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| 55 | 55 | | (1) a state jail felony if the value of the property |
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| 56 | 56 | | taken, appropriated, obtained, retained, or used is less than $500; |
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| 57 | 57 | | (2) a felony of the third degree if the value of the |
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| 58 | 58 | | property taken, appropriated, obtained, retained, or used is $500 |
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| 59 | 59 | | or more but less than $10,000; |
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| 60 | 60 | | (3) a felony of the second degree if the value of the |
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| 61 | 61 | | property taken, appropriated, obtained, retained, or used is |
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| 62 | 62 | | $10,000 or more but less than $100,000; and |
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| 63 | 63 | | (4) a felony of the first degree if the value of the |
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| 64 | 64 | | property taken, appropriated, obtained, retained, or used is |
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| 65 | 65 | | $100,000 or more. |
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| 66 | 66 | | (e) A person who is subject to prosecution under both this |
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| 67 | 67 | | section and another section of this code may be prosecuted under |
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| 68 | 68 | | either section or both sections. |
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| 69 | 69 | | SECTION 2. This Act takes effect September 1, 2019. |
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