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.