Bill Text: TX SB2279 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to creating the criminal offense of financial abuse of an elderly individual.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2019-03-21 - Referred to Criminal Justice [SB2279 Detail]
Download: Texas-2019-SB2279-Introduced.html
| 86R7961 CLG-F | ||
| By: West | S.B. No. 2279 | |
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| relating to creating the criminal offense of financial abuse of an | ||
| elderly individual. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Subchapter D, Chapter 32, Penal Code, is amended | ||
| by adding Section 32.55 to read as follows: | ||
| Sec. 32.55. FINANCIAL ABUSE OF ELDERLY INDIVIDUAL. (a) In | ||
| this section: | ||
| (1) "Elderly individual" has the meaning assigned by | ||
| Section 22.04. | ||
| (2) "Financial abuse" means the wrongful taking, | ||
| appropriation, obtaining, retention, or use of, or assisting in the | ||
| wrongful taking, appropriation, obtaining, retention, or use of, | ||
| money or other property of another person by any means, including by | ||
| exerting undue influence. The term includes financial | ||
| exploitation. | ||
| (3) "Financial exploitation" means the wrongful | ||
| taking, appropriation, obtaining, retention, or use of money or | ||
| other property of another person by a person who has a relationship | ||
| of confidence or trust with the other person. Financial | ||
| exploitation may involve coercion, manipulation, threats, | ||
| intimidation, misrepresentation, or the exerting of undue | ||
| influence. The term includes: | ||
| (A) the breach of a fiduciary relationship, | ||
| including the misuse of a durable power of attorney or the abuse of | ||
| guardianship powers, that results in the unauthorized | ||
| appropriation, sale, or transfer of another person's property; | ||
| (B) the unauthorized taking of personal assets; | ||
| (C) the misappropriation, misuse, or | ||
| unauthorized transfer of another person's money from a personal or | ||
| a joint account; and | ||
| (D) the knowing or intentional failure to | ||
| effectively use another person's income and assets for the | ||
| necessities required for the person's support and maintenance. | ||
| (b) For purposes of Subsection (a)(3), a person has a | ||
| relationship of confidence or trust with another person if the | ||
| person: | ||
| (1) is a parent, spouse, adult child, or other | ||
| relative by blood or marriage of the other person; | ||
| (2) is a joint tenant or tenant in common with the | ||
| other person; | ||
| (3) has a legal or fiduciary relationship with the | ||
| other person; | ||
| (4) is a financial planner or investment professional | ||
| who provides services to the other person; or | ||
| (5) is a paid or unpaid caregiver of the other person. | ||
| (c) A person commits an offense if the person knowingly | ||
| engages in the financial abuse of an elderly individual. | ||
| (d) An offense under this section is: | ||
| (1) a state jail felony if the value of the property | ||
| taken, appropriated, obtained, retained, or used is less than $500; | ||
| (2) a felony of the third degree if the value of the | ||
| property taken, appropriated, obtained, retained, or used is $500 | ||
| or more but less than $10,000; | ||
| (3) a felony of the second degree if the value of the | ||
| property taken, appropriated, obtained, retained, or used is | ||
| $10,000 or more but less than $100,000; and | ||
| (4) a felony of the first degree if the value of the | ||
| property taken, appropriated, obtained, retained, or used is | ||
| $100,000 or more. | ||
| (e) A person who is subject to prosecution under both this | ||
| section and another section of this code may be prosecuted under | ||
| either section or both sections. | ||
| SECTION 2. This Act takes effect September 1, 2019. | ||
