Plesa Bill Rewrites Exploitation Offense Around Taking Money Or Property

The text as introduced · 525 words

90R5512 SZA-D

By: Plesa
H.B. No. 979

A BILL TO BE ENTITLED

AN ACT

relating to the prosecution of the offense of exploitation of a

child, elderly individual, or disabled individual.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 32.53(a), Penal Code, is amended by

adding Subdivisions (1-a), (1-b), and (3) and amending Subdivision

(2) to read as follows:

(1-a) "Coercion" as defined by Section 1.07 includes:

(A) destroying, concealing, confiscating, or

withholding from a person, or threatening to destroy, conceal,

confiscate, or withhold from a person, the person's actual or

purported:

(i) government records; or

(ii) identifying information or documents;

(B) providing a controlled substance to a person

for the purpose of impairing the person's ability to appraise the

nature of or resist engaging in any conduct;

(C) physically restraining or confining a person

or threatening to physically restrain or confine a person;

(D) exposing or threatening to expose

information that would tend to subject a person to criminal or

immigration proceedings; or

(E) causing or threatening to cause financial

harm to a person or using financial control over a person.

(1-b) "Deception" means:

(A) creating or confirming by words or conduct a

false impression of law or fact that is likely to affect the

judgment of another in the transaction, and that the actor does not

believe to be true; or

(B) promising performance that is likely to

affect the judgment of another in the transaction and that the actor

does not intend to perform or knows will not be performed.

(2) "Exploitation" means the illegal or improper use

of a child, elderly individual, or disabled individual or of the

resources of a child, elderly individual, or disabled individual

through undue influence, harassment, duress, false representation,

false pretense, or other similar means [ for monetary or personal

benefit, profit, or gain ].

(3) "Isolation" means preventing a person from having

contact with the person's friends or family, a welfare agency,

peace officers, health care providers, or other individuals or

entities without the knowledge or consent of the person.

SECTION 2. Section 32.53(b), Penal Code, is amended to read

as follows:

(b) A person commits an offense if the person , through

exploitation, deception, coercion, or isolation, knowingly

appropriates the resources of a child, elderly individual, or

disabled individual for the person's own monetary or personal

benefit or for the monetary or personal benefit of another person

other than the child, elderly individual, or disabled individual

[ intentionally, knowingly, or recklessly causes the exploitation

of a child, elderly individual, or disabled individual ].

SECTION 3. 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 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 4. This Act takes effect September 1, 2027.