By Hochberg, et al. H.B. No. 1120
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the creation of the offenses of discriminant
1-3 victimization and institutional vandalism; allowing civil actions
1-4 for those crimes.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Chapter 42, Penal Code, is amended by adding
1-7 Sections 42.15 and 42.16 to read as follows:
1-8 Sec. 42.15. DISCRIMINANT VICTIMIZATION. (a) A person
1-9 commits an offense if the person:
1-10 (1) commits an offense defined by a following section
1-11 of this code:
1-12 (A) Section 19.02 (Murder);
1-13 (B) Section 20.02 (False imprisonment);
1-14 (C) Section 20.03 (Kidnapping);
1-15 (D) Section 22.01 (Assault);
1-16 (E) Section 22.011 (Sexual assault); or
1-17 (F) Section 42.07 Harassment); and
1-18 (2) commits the offense because of the person's
1-19 perception that the victim belongs to a group for which crime
1-20 statistics are kept under Sec. 411.046, Government Code.
1-21 (b) An offense under this section is punishable as a
1-22 misdemeanor or felony that is one degree higher than that of the
1-23 underlying offense, unless the underlying offense is punishable as
2-1 a felony of the first degree, in which event an offense under this
2-2 section is a felony of the first degree.
2-3 Sec. 42.16. INSTITUTIONAL VANDALISM. (a) A person commits
2-4 an offense if the person:
2-5 (1) commits an offense defined by a following section
2-6 of this code:
2-7 (A) Section 28.02 (Arson);
2-8 (B) Section 28.03 (Criminal mischief);
2-9 (C) Section 30.05 (Criminal trespass); or
2-10 (D) Section 42.09 (Desecration of venerated
2-11 object); and
2-12 (2) commits the offense because of the person's
2-13 perception that the person or group memorialized by, or owner,
2-14 occupant, or lessee of, property that is the subject of the offense
2-15 belongs to a group for which crime statistics are kept under Sec.
2-16 411.046, Government Code.
2-17 (b) an offense under this section is punishable as a
2-18 misdemeanor or felony that is one degree higher than that of the
2-19 underlying offense.
2-20 SECTION 2. Title 6, Civil Practice and Remedies Code, is
2-21 amended by adding Chapter 138 to read as follows:
2-22 CHAPTER 138. CIVIL ACTION FOR INSTITUTIONAL
2-23 VANDALISM AND DISCRIMINANT VICTIMIZATION
2-24 Sec. 138.002. CAUSE OF ACTION. (a) A person who
2-25 suffers personal injury or damage to or loss of property as a
3-1 result of conduct described by Section 42.15 or 42.16, Penal Code,
3-2 may bring an action to secure an injunction, damages, or other
3-3 appropriate relief against the person who violated either of those
3-4 sections, whether or not the person who committed the violation was
3-5 subsequently prosecuted, convicted, or acquitted of the offense.
3-6 (b) In an action under this chapter, whether conduct
3-7 described by Section 42.15 or 42.16, Penal Code, has occurred shall
3-8 be determined by a preponderance of the evidence.
3-9 Sec. 138.003. DAMAGES. On prevailing in an action under
3-10 this chapter, the plaintiff may recover:
3-11 (1) actual damages, including damages for emotional
3-12 stress;
3-13 (2) punitive damages; and
3-14 (3) reasonable attorney's fees and court costs.
3-15 SECTION 3. (1) The change in law made by Section 1 of this
3-16 Act applies only to the punishment for an offense committed on or
3-17 after the effective date of this Act. For purposes of this
3-18 section, an offense is committed before the effective date of this
3-19 Act if any element of the offense occurs before the effective date.
3-20 (2) The punishment for an offense committed before the
3-21 effective date of this Act is covered by the law is continued in
3-22 effect for that purpose.
3-23 SECTION 4. This Act takes effect September 1, 1993.
3-24 SECTION 5. The importance of this legislation and the
3-25 crowded condition of the calendars in both houses create an
4-1 emergency and an imperative public necessity that the
4-2 constitutional rule requiring bills to be read on three several
4-3 days in each house be suspended, and this rule is hereby suspended.