SECTION 5.12. Applicability and Purpose

(a) Applicability. This subchapter:

(1) does not apply to every crime against an elderly individual, including elderly abuse or injury to an elderly individual; and

(2) does apply to an offense that is:

(A) a property crime;

(B) investigated by a Texas law enforcement agency; and

(C) committed against an elderly individual.

(b) Determination of age. The victim's status as an elderly individual is determined according to the victim's age at the time of the offense.

(c) Background. The elderly are often victims targeted by individuals who prey on their vulnerability, especially through home repair and service swindles and other confidence schemes.

(1) These individuals are frequently part of a group that travels quickly from one location to another. The timely sharing of centrally collected and analyzed information with local authorities and certain other agencies will provide the highest level of law enforcement protection to these victims.

(2) Through the joint efforts of the department and other law enforcement agencies, an apparently minor report of an unsolved offense may, when considered in light of other information and analysis, provide critical:

(A) strategic information to a follow-up investigator, including MO or a known associate; or

(B) tactical information to an officer in the field, including an alias or vehicle used.

(d) Purpose. This subchapter describes the system by which shared intelligence serves local law enforcement by providing useful information and analysis concerning property crimes against the elderly. Using this system, the department will:

(1) collect information about certain property crimes against the elderly;

(2) enter the information into a database;

(3) conduct an analysis under this subchapter;

(4) disseminate the information or analysis to an appropriate recipient in a timely manner; and

(5) develop evidence, or point to information from which evidence can be derived to show a particular criminal intent, including an intent to deprive, steal, or defraud, based on the unique characteristics of the confidence scheme, including its repetition, frequency, or transient nature.

(e) Primary investigation. The law enforcement agency with appropriate territorial jurisdiction remains the primary agency responsible for the investigation. Upon request, the department may:

(1) assist the agency; or

(2) conduct the primary investigation, in unusual circumstances involving a large multi-jurisdiction criminal organization.

Source Note: The provisions of this §5.12 adopted to be effective March 25, 2002, 27 TexReg 2239; amended to be effective March 11, 2008, 33 TexReg 2036