73R10144 DRH-D
By Ellis, et al. S.B. No. 456
Substitute the following for S.B. No. 456:
By Greenberg C.S.S.B. No. 456
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the punishment of an offense motivated by bias or
1-3 prejudice and to the conditions of probation or parole of persons
1-4 convicted of that offense.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Subchapter D, Chapter 12, Penal Code, is amended
1-7 by adding Section 12.48 to read as follows:
1-8 Sec. 12.48. PENALTY IF OFFENSE COMMITTED BECAUSE OF BIAS OR
1-9 PREJUDICE. (a) If the court makes an affirmative finding under
1-10 Article 42.013, Code of Criminal Procedure, in the trial of a Class
1-11 B or Class C misdemeanor, the maximum fine that the court may
1-12 impose is:
1-13 (1) $2,000 for a Class C misdemeanor; and
1-14 (2) $4,000 for a Class B misdemeanor.
1-15 (b) If it is shown on the trial of a felony offense in which
1-16 the court makes an affirmative finding under Article 42.013, Code
1-17 of Criminal Procedure, that the defendant has been previously
1-18 convicted of an offense for which the court made an affirmative
1-19 finding under Article 42.013, Code of Criminal Procedure, the
1-20 maximum fine that the court may impose is $20,000.
1-21 SECTION 2. Section 17, Article 42.12, Code of Criminal
1-22 Procedure, is amended by adding Subsection (f) to read as follows:
1-23 (f) If the court makes an affirmative finding under Article
1-24 42.013, Code of Criminal Procedure, the court may order the
2-1 defendant to perform community service under this section at a
2-2 project designated by the court that primarily serves the person or
2-3 group who was the target of the defendant's bias or prejudice. If
2-4 the court orders community service under this subsection the court
2-5 shall order the defendant to perform not less than:
2-6 (1) 100 hours of service if the offense is a
2-7 misdemeanor; or
2-8 (2) 300 hours of service if the offense is a felony.
2-9 SECTION 3. Article 42.01, Code of Criminal Procedure, is
2-10 amended by adding Section 5 to read as follows:
2-11 Sec. 5. In addition to the information described by Section
2-12 1 of this article, the judgment should reflect affirmative findings
2-13 entered pursuant to Article 42.013 of this code.
2-14 SECTION 4. Chapter 42, Code of Criminal Procedure, is
2-15 amended by adding Article 42.013 to read as follows:
2-16 Art. 42.013. FINDING THAT OFFENSE WAS COMMITTED BECAUSE OF
2-17 BIAS OR PREJUDICE. In the punishment phase of the trial of an
2-18 offense under the Penal Code, if the court determines that the
2-19 defendant committed an offense because of bias or prejudice against
2-20 a person or a group, the court shall make an affirmative finding of
2-21 that fact and enter the affirmative finding in the judgment of that
2-22 case.
2-23 SECTION 5. Section 8, Article 42.18, Code of Criminal
2-24 Procedure, is amended by adding Subsection (o) to read as follows:
2-25 (o) In addition to other conditions imposed by a parole
2-26 panel under this article, the parole panel shall require as a
2-27 condition of parole or release to mandatory supervision that a
3-1 prisoner for whom the court has made an affirmative finding under
3-2 Article 42.013 of this code perform not less than 300 hours of
3-3 community service at a project designated by the parole panel that
3-4 primarily serves the person or group who was the target of the
3-5 defendant's bias or prejudice.
3-6 SECTION 6. (a) The change in law made by this Act applies
3-7 only to an offense committed on or after the effective date of this
3-8 Act. For purposes of this section, an offense is committed before
3-9 the effective date of this Act if any element of the offense occurs
3-10 before that date.
3-11 (b) An offense committed before the effective date of this
3-12 Act is governed by the law in effect when the offense was
3-13 committed, and the former law is continued in effect for this
3-14 purpose.
3-15 SECTION 7. This Act takes effect September 1, 1993.
3-16 SECTION 8. The importance of this legislation and the
3-17 crowded condition of the calendars in both houses create an
3-18 emergency and an imperative public necessity that the
3-19 constitutional rule requiring bills to be read on three several
3-20 days in each house be suspended, and this rule is hereby suspended.