HBA-RBT H.B. 810 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 810
By: Jones, Jesse
Criminal Jurisprudence
4/21/1999
Introduced



BACKGROUND AND PURPOSE 

Older citizens are more vulnerable to crimes of theft and fraud.  Many
older citizens are frail and unable to stop or recognize an occurring theft
and fraud situation.  H.B. 810 increases the punishment for specified
offenses involving theft, fraud, or harassment, if it is shown that the
victim of the offense is elderly the punishment will be increased to the
next highest category of offense unless the offense is a first degree
felony or a Class A misdemeanor.  This bill provides that if the offense is
a Class A misdemeanor, the minimum term of confinement is increased to 180
days 
 
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 Subchapter D, Chapter 12, Penal Code, by adding Section
12.48, as follows: 

Sec.  12.48.  PENALTY IF CERTAIN OFFENSES COMMITTED AGAINST ELDERLY
INDIVIDUAL.  Provides that for specified offenses involving theft, fraud,
or harassment, if it is shown that the victim of the offense is elderly the
punishment will be increased to the next highest category of offense unless
the offense is a first degree felony or a Class A misdemeanor.  Provides
that if the offense is a Class A misdemeanor, the minimum term of
confinement is increased to 180 days.  Defines "elderly individual" to be a
person over the age of 65.   

SECTION 2.  Makes application of this Act prospective.

SECTION 3.  Effective date: September 1, 1999.

SECTION 4.  Emergency clause.