S.B. No. 456 AN ACT 1-1 relating to the punishment of an offense motivated by bias or 1-2 prejudice and to the conditions of community supervision or parole 1-3 of persons convicted of that offense. 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 12.47 to read as follows: 1-7 Sec. 12.47. PENALTY IF OFFENSE COMMITTED BECAUSE OF BIAS OR 1-8 PREJUDICE. If the court makes an affirmative finding under Article 1-9 42.014, Code of Criminal Procedure, in the punishment phase of the 1-10 trial of an offense other than a first degree felony, the 1-11 punishment for the offense is increased to the punishment 1-12 prescribed for the next highest category of offense. 1-13 SECTION 2. Article 42.12, Code of Criminal Procedure, is 1-14 amended by adding Section 13A to read as follows: 1-15 Sec. 13A. COMMUNITY SUPERVISION FOR OFFENSE COMMITTED 1-16 BECAUSE OF BIAS OR PREJUDICE. (a) A court granting community 1-17 supervision to a defendant convicted of an offense for which the 1-18 court has made an affirmative finding under Article 42.014 of this 1-19 code shall require as a term of community supervision that the 1-20 defendant: 1-21 (1) serve a term of not more than one year 1-22 imprisonment in the institutional division of the Texas Department 1-23 of Criminal Justice if the offense is a felony other than an 2-1 offense under Section 19.02, Penal Code; or 2-2 (2) serve a term of not more than 90 days confinement 2-3 in jail if the offense is a misdemeanor. 2-4 (b) The court may not grant community supervision on its own 2-5 motion or on the recommendation of the jury to a defendant 2-6 convicted of an offense for which the court has made an affirmative 2-7 finding under Article 42.014 of this code if: 2-8 (1) the offense is murder under Section 19.02, Penal 2-9 Code; or 2-10 (2) the defendant has been previously convicted of an 2-11 offense for which the court made an affirmative finding under 2-12 Article 42.014 of this code. 2-13 SECTION 3. Section 16, Article 42.12, Code of Criminal 2-14 Procedure, is amended by adding Subsection (e) to read as follows: 2-15 (e) If the court makes an affirmative finding under Article 2-16 42.014, Code of Criminal Procedure, the court may order the 2-17 defendant to perform community service under this section at a 2-18 project designated by the court that primarily serves the person or 2-19 group who was the target of the defendant. If the court orders 2-20 community service under this subsection the court shall order the 2-21 defendant to perform not less than: 2-22 (1) 100 hours of service if the offense is a 2-23 misdemeanor; or 2-24 (2) 300 hours of service if the offense is a felony. 2-25 SECTION 4. Article 42.01, Code of Criminal Procedure, is 3-1 amended by adding Section 6 to read as follows: 3-2 Sec. 6. In addition to the information described by Section 3-3 1 of this article, the judgment should reflect affirmative findings 3-4 entered pursuant to Article 42.014 of this code. 3-5 SECTION 5. Chapter 42, Code of Criminal Procedure, is 3-6 amended by adding Article 42.014 to read as follows: 3-7 Art. 42.014. FINDING THAT OFFENSE WAS COMMITTED BECAUSE OF 3-8 BIAS OR PREJUDICE. In the punishment phase of the trial of an 3-9 offense under the Penal Code, if the court determines that the 3-10 defendant intentionally selected the victim primarily because of 3-11 the defendant's bias or prejudice against a person or a group, the 3-12 court shall make an affirmative finding of that fact and enter the 3-13 affirmative finding in the judgment of that case. 3-14 SECTION 6. Section 8, Article 42.18, Code of Criminal 3-15 Procedure, is amended by adding Subsection (o) to read as follows: 3-16 (o) In addition to other conditions imposed by a parole 3-17 panel under this article, the parole panel shall require as a 3-18 condition of parole or release to mandatory supervision that a 3-19 prisoner for whom the court has made an affirmative finding under 3-20 Article 42.014 of this code perform not less than 300 hours of 3-21 community service at a project designated by the parole panel that 3-22 primarily serves the person or group who was the target of the 3-23 defendant. 3-24 SECTION 7. (a) The change in law made by this Act applies 3-25 only to an offense committed on or after the effective date of this 4-1 Act. For purposes of this section, an offense is committed before 4-2 the effective date of this Act if any element of the offense occurs 4-3 before that date. 4-4 (b) An offense committed before the effective date of this 4-5 Act is governed by the law in effect when the offense was 4-6 committed, and the former law is continued in effect for this 4-7 purpose. 4-8 SECTION 8. This Act takes effect September 1, 1993. 4-9 SECTION 9. The importance of this legislation and the 4-10 crowded condition of the calendars in both houses create an 4-11 emergency and an imperative public necessity that the 4-12 constitutional rule requiring bills to be read on three several 4-13 days in each house be suspended, and this rule is hereby suspended.