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.