89R1531 LHC-D
By: Turner H.B. No. 1347
A BILL TO BE ENTITLED
AN ACT
relating to the prosecution of the offense of exploitation of a
child, elderly individual, or disabled individual.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 32.53(a), Penal Code, is amended by
adding Subdivisions (1-a), (1-b), and (3) and amending Subdivision
(2) to read as follows:
(1-a) "Coercion" as defined by Section 1.07 includes:
(A) destroying, concealing, confiscating, or
withholding from a person, or threatening to destroy, conceal,
confiscate, or withhold from a person, the person's actual or
purported:
(i) government records; or
(ii) identifying information or documents;
(B) providing a controlled substance to a person
for the purpose of impairing the person's ability to appraise the
nature of or resist engaging in any conduct;
(C) physically restraining or confining a person
or threatening to physically restrain or confine a person;
(D) exposing or threatening to expose
information that would tend to subject a person to criminal or
immigration proceedings; or
(E) causing or threatening to cause financial
harm to a person or using financial control over a person.
(1-b) "Deception" means:
(A) creating or confirming by words or conduct a
false impression of law or fact that is likely to affect the
judgment of another in the transaction, and that the actor does not
believe to be true; or
(B) promising performance that is likely to
affect the judgment of another in the transaction and that the actor
does not intend to perform or knows will not be performed.
(2) "Exploitation" means the illegal or improper use
of a child, elderly individual, or disabled individual or of the
resources of a child, elderly individual, or disabled individual
through undue influence, harassment, duress, false representation,
false pretense, or other similar means [for monetary or personal
benefit, profit, or gain].
(3) "Isolation" means preventing a person from having
contact with the person's friends or family, a welfare agency,
peace officers, health care providers, or other individuals or
entities without the knowledge or consent of the person.
SECTION 2. Section 32.53(b), Penal Code, is amended to read
as follows:
(b) A person commits an offense if the person, through
exploitation, deception, coercion, or isolation, knowingly
appropriates the resources of a child, elderly individual, or
disabled individual for the person's own monetary or personal
benefit or for the monetary or personal benefit of another person
other than the child, elderly individual, or disabled individual
[intentionally, knowingly, or recklessly causes the exploitation
of a child, elderly individual, or disabled individual].
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, 2025.