The proposed bill introduces new criminal offenses related to real property theft and fraud, amending Article 12.01 of the Code of Criminal Procedure to include these offenses under Sections 31.23 and 32.60, respectively, with a ten-year statute of limitations. It also establishes Chapter 5C, which outlines procedures for cases involving multiple parcels of real property, including requirements for jury verdicts and judgments. The bill mandates courts to order restitution for victims of real property theft and clarifies definitions of key terms such as "nonpossessory interest" and "owner," enhancing the legal framework for addressing real property crimes.
Additionally, the bill defines terms like "Owner" to include an owner's estate and successors in interest if the owner is deceased, and it specifies that transferring real property without the owner's consent constitutes an offense. Penalties for these offenses are determined based on the property's market value, with increased penalties for cases involving owners aged 65 or older or properties with tax exemptions. The legislation also clarifies the classification of real property fraud offenses as felonies of varying degrees based on value and ensures that the new provisions apply only to offenses committed after the Act's effective date, which is set for 91 days after the legislative session concludes.
Statutes affected: Introduced: Penal Code 37.101 (Penal Code 37)