Texas 2023 - 88th Regular

Texas Senate Bill SB576 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	S.B. No. 576
2	2
3	3
4	4	AN ACT
5	5	relating to the reporting, investigation, and prosecution of the
6	6	criminal offense of financial abuse of an elderly individual.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Section 48.1522(a), Human Resources Code, is
9	9	amended to read as follows:
10	10	(a) Except as provided by Subsection (b), if during the
11	11	course of the department's or another state agency's investigation
12	12	of reported abuse, neglect, or exploitation, including an
13	13	investigation of reported abuse, neglect, or exploitation under
14	14	Subchapter F, a caseworker of the department or other state agency,
15	15	as applicable, or the caseworker's supervisor has cause to believe
16	16	that the elderly person or person with a disability has been abused,
17	17	neglected, or exploited by another person in a manner that
18	18	constitutes a criminal offense under any law, including Sections
19	19	[Section] 22.04 and 32.55, Penal Code, the caseworker or supervisor
20	20	shall:
21	21	(1) immediately notify an appropriate law enforcement
22	22	agency, unless the law enforcement agency reported the alleged
23	23	abuse, neglect, or exploitation to the department; and
24	24	(2) provide the law enforcement agency with a copy of
25	25	the investigation report of the department or other state agency,
26	26	as applicable, in a timely manner.
27	27	SECTION 2. Subchapter F, Chapter 48, Human Resources Code,
28	28	is amended by adding Section 48.2535 to read as follows:
29	29	Sec. 48.2535. FORWARDING CERTAIN REPORTS OF CRIMINAL
30	30	CONDUCT TO LAW ENFORCEMENT. On receipt by the department of a
31	31	report of alleged abuse or exploitation under this subchapter that
32	32	the department believes constitutes an offense under Section 32.55,
33	33	Penal Code, the department shall immediately notify an appropriate
34	34	law enforcement agency, regardless of whether the report alleges
35	35	conduct that constitutes abuse or exploitation for purposes of this
36	36	subchapter.
37	37	SECTION 3. Section 32.55, Penal Code, is amended by adding
38	38	Subsection (f) to read as follows:
39	39	(f) There is a rebuttable presumption that any transfer,
40	40	appropriation, or use of an elderly individual's money or other
41	41	property by a person described by Subsection (b)(5) is wrongful for
42	42	purposes of Subsection (a)(2) or (3) if it is shown on the trial of
43	43	the offense that the actor knew or should have known that, at the
44	44	time of the offense, the elderly individual had been diagnosed with
45	45	dementia, Alzheimer's disease, or a related disorder.
46	46	SECTION 4. Section 48.2535, Human Resources Code, as added
47	47	by this Act, applies only to a report received by the Department of
48	48	Family and Protective Services on or after the effective date of
49	49	this Act.
50	50	SECTION 5. Section 32.55(f), Penal Code, as added by this
51	51	Act, applies only to an offense committed on or after the effective
52	52	date of this Act. An offense committed before the effective date of
53	53	this Act is governed by the law in effect on the date the offense was
54	54	committed, and the former law is continued in effect for that
55	55	purpose. For purposes of this section, an offense was committed
56	56	before the effective date of this Act if any element of the offense
57	57	occurred before that date.
58	58	SECTION 6. This Act takes effect September 1, 2023.
59	59	______________________________ ______________________________
60	60	President of the Senate Speaker of the House
61	61	I hereby certify that S.B. No. 576 passed the Senate on
62	62	April 6, 2023, by the following vote: Yeas 31, Nays 0; and that
63	63	the Senate concurred in House amendment on May 19, 2023, by the
64	64	following vote: Yeas 31, Nays 0.
65	65	______________________________
66	66	Secretary of the Senate
67	67	I hereby certify that S.B. No. 576 passed the House, with
68	68	amendment, on May 17, 2023, by the following vote: Yeas 143,
69	69	Nays 0, two present not voting.
70	70	______________________________
71	71	Chief Clerk of the House
72	72	Approved:
73	73	______________________________
74	74	Date
75	75	______________________________
76	76	Governor