Bill Text: TX SB576 | 2023-2024 | 88th Legislature | Enrolled
Bill Title: Relating to the reporting, investigation, and prosecution of the criminal offense of financial abuse of an elderly individual.
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Passed) 2023-06-18 - Effective on 9/1/23 [SB576 Detail]
Download: Texas-2023-SB576-Enrolled.html
| S.B. No. 576 | ||
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| relating to the reporting, investigation, and prosecution of the | ||
| criminal offense of financial abuse of an elderly individual. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Section 48.1522(a), Human Resources Code, is | ||
| amended to read as follows: | ||
| (a) Except as provided by Subsection (b), if during the | ||
| course of the department's or another state agency's investigation | ||
| of reported abuse, neglect, or exploitation, including an | ||
| investigation of reported abuse, neglect, or exploitation under | ||
| Subchapter F, a caseworker of the department or other state agency, | ||
| as applicable, or the caseworker's supervisor has cause to believe | ||
| that the elderly person or person with a disability has been abused, | ||
| neglected, or exploited by another person in a manner that | ||
| constitutes a criminal offense under any law, including Sections | ||
| [ |
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| shall: | ||
| (1) immediately notify an appropriate law enforcement | ||
| agency, unless the law enforcement agency reported the alleged | ||
| abuse, neglect, or exploitation to the department; and | ||
| (2) provide the law enforcement agency with a copy of | ||
| the investigation report of the department or other state agency, | ||
| as applicable, in a timely manner. | ||
| SECTION 2. Subchapter F, Chapter 48, Human Resources Code, | ||
| is amended by adding Section 48.2535 to read as follows: | ||
| Sec. 48.2535. FORWARDING CERTAIN REPORTS OF CRIMINAL | ||
| CONDUCT TO LAW ENFORCEMENT. On receipt by the department of a | ||
| report of alleged abuse or exploitation under this subchapter that | ||
| the department believes constitutes an offense under Section 32.55, | ||
| Penal Code, the department shall immediately notify an appropriate | ||
| law enforcement agency, regardless of whether the report alleges | ||
| conduct that constitutes abuse or exploitation for purposes of this | ||
| subchapter. | ||
| SECTION 3. Section 32.55, Penal Code, is amended by adding | ||
| Subsection (f) to read as follows: | ||
| (f) There is a rebuttable presumption that any transfer, | ||
| appropriation, or use of an elderly individual's money or other | ||
| property by a person described by Subsection (b)(5) is wrongful for | ||
| purposes of Subsection (a)(2) or (3) if it is shown on the trial of | ||
| the offense that the actor knew or should have known that, at the | ||
| time of the offense, the elderly individual had been diagnosed with | ||
| dementia, Alzheimer's disease, or a related disorder. | ||
| SECTION 4. Section 48.2535, Human Resources Code, as added | ||
| by this Act, applies only to a report received by the Department of | ||
| Family and Protective Services on or after the effective date of | ||
| this Act. | ||
| SECTION 5. Section 32.55(f), Penal Code, as added 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 on the date the offense was | ||
| committed, and the former law is continued in effect for that | ||
| purpose. For 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 6. This Act takes effect September 1, 2023. | ||
| ______________________________ | ______________________________ | |
| President of the Senate | Speaker of the House | |
| I hereby certify that S.B. No. 576 passed the Senate on | ||
| April 6, 2023, by the following vote: Yeas 31, Nays 0; and that | ||
| the Senate concurred in House amendment on May 19, 2023, by the | ||
| following vote: Yeas 31, Nays 0. | ||
| ______________________________ | ||
| Secretary of the Senate | ||
| I hereby certify that S.B. No. 576 passed the House, with | ||
| amendment, on May 17, 2023, by the following vote: Yeas 143, | ||
| Nays 0, two present not voting. | ||
| ______________________________ | ||
| Chief Clerk of the House | ||
| Approved: | ||
| ______________________________ | ||
| Date | ||
| ______________________________ | ||
| Governor | ||
