This website will be unavailable from Thursday, May 30, 2024 at 6:00 p.m. through Monday, June 3, 2024 at 7:00 a.m. due to data center maintenance.

 
 
  H.B. No. 2328
 
 
 
 
AN ACT
  relating to the punishment for certain fraud offenses committed
  against elderly individuals.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 32.21, Penal Code, is amended by
  amending Subsection (c) and adding Subsection (e-1) to read as
  follows:
         (c)  Except as provided by [in] Subsections (d), [and] (e),
  and (e-1), an offense under this section is a Class A misdemeanor.
         (e-1)  An offense under this section is increased to the next
  higher category of offense if it is shown on the trial of the
  offense that the offense was committed against an elderly
  individual as defined by Section 22.04.
         SECTION 2.  Section 32.31(d), Penal Code, is amended to read
  as follows:
         (d)  An offense under this section is a state jail felony,
  except that the offense is a felony of the third degree if it is
  shown on the trial of the offense that the offense was committed
  against an elderly individual as defined by Section 22.04.
         SECTION 3.  Section 32.51, Penal Code, is amended by adding
  Subsection (c-1) to read as follows:
         (c-1)  An offense described for purposes of punishment by
  Subsections (c)(1)-(3) is increased to the next higher category of
  offense if it is shown on the trial of the offense that the offense
  was committed against an elderly individual as defined by Section
  22.04.
         SECTION 4.  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 when the offense was committed, and
  the former law is continued in effect for that purpose. For the
  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 5.  This Act takes effect September 1, 2009.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 2328 was passed by the House on April
  30, 2009, by the following vote:  Yeas 131, Nays 0, 1 present, not
  voting; that the House refused to concur in Senate amendments to
  H.B. No. 2328 on May 29, 2009, and requested the appointment of a
  conference committee to consider the differences between the two
  houses; and that the House adopted the conference committee report
  on H.B. No. 2328 on May 31, 2009, by the following vote:  Yeas 142,
  Nays 0, 1 present, not voting.
 
  ______________________________
  Chief Clerk of the House   
 
         I certify that H.B. No. 2328 was passed by the Senate, with
  amendments, on May 26, 2009, by the following vote:  Yeas 31, Nays
  0; at the request of the House, the Senate appointed a conference
  committee to consider the differences between the two houses; and
  that the Senate adopted the conference committee report on H.B. No.
  2328 on May 31, 2009, by the following vote:  Yeas 31, Nays 0.
 
  ______________________________
  Secretary of the Senate   
  APPROVED: __________________
                  Date       
   
           __________________
                Governor