HBA-MPA H.B. 118 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 118
By: Keel
Criminal Jurisprudence
2/3/1999
Introduced



BACKGROUND AND PURPOSE 

Accounts from law enforcement personnel have indicated that the elderly are
vulnerable to particular kinds of crime.  H.B. 118 raises the punishment
prescribed for a number of offenses when committed against an elderly
person to the next highest category of offense.   

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 Chapter 12D, Penal Code, by adding Section 12.48, as
follows: 

Sec. 12.48.  PENALTY IF CERTAIN OFFENSES COMMITTED AGAINST ELDERLY
INDIVIDUAL.  Provides that, if an elderly person, defined as a person 65
years of age or older in Section 22.04 (Injury to a Child, Elderly
Individual, or Disabled Individual), Penal Code, is the victim of certain
enumerated offenses, the punishment for the offense is increased to the
punishment prescribed for the next highest category of offense.  For a
Class A misdemeanor perpetrated against an elderly person, the minimum term
of confinement is increased to 180 days. 

SECTION 2.  Makes the application of this Act prospective.

SECTION 3.  Effective date:  September 1, 1999.

SECTION 4.  Emergency clause.