Enrolled Bill Summary

            House Bill 587 amends provisions of the Penal Code and the Code of Criminal Procedure relating to the investigation and prosecution of an offense motivated by bias or prejudice and to remedies and protections against certain hateful acts. The bill also amends the Government Code and Education Code to require training of certain officers relating to hate laws and to provide for community education concerning hate laws.

            The bill provides for punishment enhancements against a defendant who intentionally commits certain offenses against a person or damages property because of the defendant's bias or prejudice against certain specified groups. The bill amends the Code of Criminal Procedure to provide that the judge is required to make an affirmative finding of fact in the judgment of a case based on the determination made by the trier of fact at the guilt or innocence phase of the trial, rather than at the punishment phase, to conform to recent U.S. Supreme Court rulings.

            The bill establishes procedures for a person to request a protective order and requires the court to issue the order if the court finds that probable cause exists that the defendant committed certain offenses against the person because of bias or prejudice and that the conduct engaged in by the defendant is likely to occur in the future. A violation of the protective order is a Class A misdemeanor and is enhanced to a third degree felony if the defendant has previously been convicted two or more times.

            House Bill 587 authorizes a judge to require a defendant to attend an educational program to further tolerance and acceptance of others as a condition of punishment, requires the attorney general to develop a community education program that provides information about state laws on hate crimes, and requires the court of criminal appeals to provide training for prosecuting attorneys relating to punishment enhancement for offenses committed because of bias or prejudice.