By: Ellis, et al. S.B. No. 456
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the punishment for certain offenses motivated by hate
1-2 and to the eligibility for deferred adjudication, probation, or
1-3 parole for persons charged with or convicted of those offenses.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subchapter D, Chapter 12, Penal Code, is amended
1-6 by adding Section 12.48 to read as follows:
1-7 Sec. 12.48. PENALTY FOR HATE CRIME. (a) Except as
1-8 otherwise provided by this subsection, the punishment for an
1-9 offense listed in Subsection (b) of this section is increased to
1-10 the punishment prescribed for the next highest category of offense
1-11 if it is shown by a preponderance of the evidence at the punishment
1-12 phase of the trial of the offense that the defendant was motivated
1-13 in whole or in part to commit the offense because of the race,
1-14 color, ethnicity, religion, national origin, or sexual orientation
1-15 of the victim or the actor's perception of the race, color,
1-16 ethnicity, religion, national origin, or sexual orientation of the
1-17 victim. If the offense is a Class A misdemeanor, the minimum term
1-18 of confinement for the offense is increased to 180 days. If the
1-19 offense is murder under Section 19.02 of this code, first degree
1-20 aggravated assault under Section 22.02 of this code, or first
1-21 degree arson under Section 28.02 of this code, the minimum term of
1-22 imprisonment for the offense is increased to 10 years.
1-23 (b) This section applies to an offense under the following
2-1 sections of this code:
2-2 (1) Section 19.02 (Murder);
2-3 (2) Section 20.02 (False imprisonment);
2-4 (3) Section 20.03 (Kidnapping);
2-5 (4) Section 22.01 (Assault);
2-6 (5) Section 22.011 (Sexual assault);
2-7 (6) Section 22.02 (Aggravated assault);
2-8 (7) Section 28.02 (Arson); or
2-9 (8) Section 42.07 (Harassment).
2-10 (c) For the purposes of Subsection (a) of this section, if
2-11 the offense for which punishment is to be increased is arson
2-12 otherwise punishable as a felony of the second degree under Section
2-13 28.02 of this code, any owner of the property that is the subject
2-14 of the offense is a victim of the offense.
2-15 SECTION 2. Article 42.12, Code of Criminal Procedure, is
2-16 amended by adding Section 3h to read as follows:
2-17 Sec. 3h. HATE CRIMES. (a) Sections 3 and 4 of this article
2-18 do not apply to a person convicted of an offense under Section
2-19 19.02, Penal Code, if there is an affirmative finding at the trial
2-20 of the offense that the defendant committed the offense for a cause
2-21 described by Section 12.48(a), Penal Code.
2-22 (b) Section 5 of this article does not apply to a person
2-23 charged with an offense under Section 19.02, Penal Code, if the
2-24 attorney representing the state notifies the court of the intent of
2-25 the state to prove in any trial of the offense that the defendant
3-1 committed the offense for a cause described by Section 12.48(a),
3-2 Penal Code.
3-3 SECTION 3. Subsection (b), Section 8, Article 42.18, Code of
3-4 Criminal Procedure, is amended to read as follows:
3-5 (b)(1) A prisoner under sentence of death is not eligible
3-6 for parole.
3-7 (2) If a prisoner is serving a life sentence for a
3-8 capital felony, the prisoner is not eligible for release on parole
3-9 until the actual calendar time the prisoner has served, without
3-10 consideration of good conduct time, equals 35 calendar years.
3-11 (3) If a prisoner is serving a sentence for the
3-12 offenses listed in Subdivision (1)(B), (C), or (D) of Section
3-13 3g(a), Article 42.12 of this code, or if the judgment contains an
3-14 affirmative finding under Subdivision (2) of Subsection (a) of
3-15 Section 3g of that article, he is not eligible for release on
3-16 parole until his actual calendar time served, without consideration
3-17 of good conduct time, equals one-fourth of the maximum sentence or
3-18 15 calendar years, whichever is less, but in no event shall he be
3-19 eligible for release on parole in less than two calendar years.
3-20 (4) If a prisoner is serving a sentence for an offense
3-21 under Section 19.02, Penal Code, and the judgment contains an
3-22 affirmative finding that the defendant committed the offense for a
3-23 cause described by Section 12.48(a), Penal Code, he is not eligible
3-24 for release on parole until his actual calendar time served,
3-25 without consideration of good conduct time, equals the maximum
4-1 sentence imposed or 10 years, whichever is less. If a defendant is
4-2 serving a sentence for an offense to which both this subdivision
4-3 and Subdivision (3) of this section apply, Subdivision (3)
4-4 controls.
4-5 (5) Except as provided by Subsection (m) of this
4-6 section, all other prisoners shall be eligible for release on
4-7 parole when their calendar time served plus good conduct time
4-8 equals one-fourth of the maximum sentence imposed or 15 years,
4-9 whichever is less.
4-10 SECTION 4. (a) The change in law made by this Act applies
4-11 only to a defendant charged with or convicted of an offense
4-12 committed on or after the effective date of this Act. For purposes
4-13 of this section, an offense is committed before the effective date
4-14 of this Act if any element of the offense occurs before the
4-15 effective date.
4-16 (b) A defendant charged with or convicted of an offense
4-17 committed before the effective date of this Act is covered by the
4-18 law in effect when the offense was committed, and the former law is
4-19 continued in effect for that purpose.
4-20 SECTION 5. This Act takes effect September 1, 1993.
4-21 SECTION 6. The importance of this legislation and the
4-22 crowded condition of the calendars in both houses create an
4-23 emergency and an imperative public necessity that the
4-24 constitutional rule requiring bills to be read on three several
4-25 days in each house be suspended, and this rule is hereby suspended.