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.