HBA-TYH, BTC H.B. 435 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 435
By: Turner, Bob
Criminal Jurisprudence
2/10/1999
Introduced



BACKGROUND AND PURPOSE 

Currently, there seems to be a high incidence of crimes committed against
the elderly.  Handy men or independent home repair contractors take
advantage of the fact that the elderly have the money to pay for home
repairs that they can no longer perform themselves.  A study conducted for
the 72nd Legislature by the House Criminal Jurisprudence Committee
determined that financial losses suffered in these cases range from $1,500
to $20,000.  

H.B.  435 increases the penalty to a felony of the third degree for theft
of $1,500 to $20,000 committed against the elderly. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 31.01, Penal Code, by adding Subdivision (10)
which defines "elderly individual" as having the meaning assigned by Sec.
22.04(c) (Injury to a Child, Elderly Individual, or Disabled Individual),
which defines it as a person 65 years of age or older. 

SECTION 2.   Amends Section 31.03 (e), Penal Code, by adding Paragraph (A)
to Subdivision (5), providing that an offense under this section is a third
degree felony if the value of the property stolen is $1,500 or more, but
less than $20,000, and the property is stolen from an elderly individual.
Makes nonsubstantive changes. 

SECTION 3.  Makes application of this Act prospective.

SECTION 4.  Effective date:  September 1, 1999.

SECTION 5.  Emergency clause.