By: Ellis S.B. No. 456
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the creation of the offenses of hate crime and
1-2 institutional vandalism, civil actions for hate crimes, and the
1-3 collection and maintenance of information about hate crimes;
1-4 prohibiting inmates of the institutional division of the Texas
1-5 Department of Criminal Justice from receiving hate publications.
1-6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-7 SECTION 1. Chapter 42, Penal Code, is amended by adding
1-8 Sections 42.15 and 42.16 to read as follows:
1-9 Sec. 42.15. HATE CRIME. (a) A person commits an offense if
1-10 the person:
1-11 (1) commits an offense defined by one of the following
1-12 sections of this code:
1-13 (A) Section 19.02 (Murder);
1-14 (B) Section 20.02 (False imprisonment);
1-15 (C) Section 20.03 (Kidnapping);
1-16 (D) Section 22.01 (Assault);
1-17 (E) Section 22.011 (Sexual assault); or
1-18 (F) Section 42.07 (Harassment); and
1-19 (2) commits the offense because of some characteristic
1-20 that the victim possesses or is perceived by the actor to possess
1-21 as a member of a disfavored group, as defined by Section 138.001,
1-22 Civil Practice and Remedies Code.
1-23 (b) An offense under this section is punishable as a
2-1 misdemeanor or felony that is one degree higher than that of the
2-2 underlying offense, unless the underlying offense is punishable as
2-3 a felony of the first degree, in which event an offense under this
2-4 section is a felony of the first degree.
2-5 Sec. 42.16. INSTITUTIONAL VANDALISM. (a) A person commits
2-6 an offense if the person:
2-7 (1) commits an offense defined by one of the following
2-8 sections of this code:
2-9 (A) Section 28.03 (Criminal mischief);
2-10 (B) Section 30.05 (Criminal trespass); or
2-11 (C) Section 42.09 (Desecration of venerated
2-12 object); and
2-13 (2) commits the offense because of some characteristic
2-14 that the person or group memorialized by, or the owner, occupant,
2-15 or lessee of, property that is the subject of the offense possesses
2-16 or is perceived by the actor to possess as a member of a disfavored
2-17 group, as defined by Section 138.001, Civil Practice and Remedies
2-18 Code.
2-19 (b) An offense under this section is punishable as a
2-20 misdemeanor or felony that is one degree higher than that of the
2-21 underlying offense.
2-22 SECTION 2. Title 6, Civil Practice and Remedies Code, is
2-23 amended by adding Chapter 138 to read as follows:
2-24 CHAPTER 138. CIVIL ACTION FOR INSTITUTIONAL
2-25 VANDALISM AND HATE CRIME
3-1 Sec. 138.001. DEFINITION. In this chapter, "disfavored
3-2 group" means a distinct group against which a history of violence
3-3 exists and about which pervasive and well-known stereotypes exist.
3-4 Sec. 138.002. FREEDOM FROM INSTITUTIONAL VANDALISM AND HATE
3-5 CRIME. A person in this state has the right to be free from
3-6 violence and the threat of violence against the person and from any
3-7 loss of or damage to and threat of loss of or damage to the
3-8 person's property because of some characteristic that the person
3-9 possesses or is perceived to possess as a member of a disfavored
3-10 group.
3-11 Sec. 138.003. CAUSE OF ACTION. (a) A person who suffers
3-12 personal injury or damage to or loss of property as a result of
3-13 conduct described by Section 42.15 or 42.16, Penal Code, may bring
3-14 an action to secure an injunction, damages, or other appropriate
3-15 relief against the person who violated either of those sections,
3-16 whether or not the person who committed the violation was
3-17 subsequently prosecuted for or convicted or acquitted of the
3-18 offense.
3-19 (b) In an action under this chapter, whether conduct
3-20 described by Section 42.15 or 42.16, Penal Code, has occurred shall
3-21 be determined by a preponderance of the evidence.
3-22 Sec. 138.004. DAMAGES. On prevailing in an action under
3-23 this chapter, the plaintiff may recover:
3-24 (1) actual damages, including damages for emotional
3-25 distress;
4-1 (2) punitive damages; and
4-2 (3) reasonable attorney fees and court costs.
4-3 Sec. 138.005. MINORS. Notwithstanding any other provision
4-4 of law, the parent or legal guardian of an unemancipated minor is
4-5 liable for a judgment rendered against the minor under this
4-6 chapter.
4-7 SECTION 3. Subchapter D, Chapter 411, Government Code, is
4-8 amended by adding Section 411.046 to read as follows:
4-9 Sec. 411.046. HATE CRIME REPORTING AND TRAINING. (a) The
4-10 bureau of identification and records shall establish and maintain a
4-11 central repository for the collection and analysis of information
4-12 relating to crimes that are motivated by bigotry and bias
4-13 <prejudice, hatred, or advocacy of violence, including, but not
4-14 limited to, incidents for which statistics are or were kept under
4-15 Public Law No. 101-275, as that law existed on September 1, 1991>.
4-16 On establishing the repository, the department shall develop a
4-17 procedure to monitor, record, classify, and analyze information
4-18 relating to incidents apparently directed against persons or <and>
4-19 property because of some characteristic that a person possesses or
4-20 is perceived by an actor to possess as a member of a disfavored
4-21 group, as defined by Section 138.001, Civil Practice and Remedies
4-22 Code <that are apparently motivated by the factors listed in this
4-23 subsection>.
4-24 (b) Local law enforcement agencies shall report offenses
4-25 described by Subsection (a) in the form and manner and at regular
5-1 intervals as prescribed by rules adopted by the department. The
5-2 department shall summarize and analyze information received under
5-3 this subsection and file an annual report with the governor and
5-4 legislature containing the summary and analysis.
5-5 (c) The department shall make information, records, and
5-6 statistics collected under this section available to any local
5-7 enforcement agency, political subdivision, or state agency to the
5-8 extent that the information is reasonably necessary or useful to
5-9 the agency or subdivision in carrying out duties imposed by law on
5-10 the agency or subdivision. <This subsection may not be construed
5-11 to limit access to information, records, or statistics which access
5-12 if permitted by other law.> Dissemination of the names of
5-13 defendants and victims is subject to all confidentiality
5-14 requirements otherwise imposed by law.
5-15 (d) The department shall provide training for law
5-16 enforcement officers in identifying, responding to, and reporting
5-17 all criminal offenses motivated by some characteristic that a
5-18 person possesses or is perceived by an actor to possess as a member
5-19 of a disfavored group, as defined by Section 138.001, Civil
5-20 Practice and Remedies Code.
5-21 SECTION 4. Chapter 499, Government Code, is amended by
5-22 adding Section 499.008 to read as follows:
5-23 Sec. 499.008. PROHIBITED PUBLICATIONS. The Texas Board of
5-24 Criminal Justice shall by rule prohibit an inmate from receiving
5-25 any publication that the board determines:
6-1 (1) constitutes an imminent threat to the security,
6-2 order, or discipline in the institutional division because the
6-3 publication appeals to hatred of a person or group on the basis of
6-4 some characteristic that the person or group possesses or is
6-5 perceived by others to possess as a member of a disfavored group,
6-6 as defined by Section 138.001, Civil Practice and Remedies Code;
6-7 (2) depicts, describes, or encourages activities that
6-8 may lead to the use of physical violence against a person or group
6-9 on the basis of some characteristic that the person or group
6-10 possesses or is perceived by others to possess as a member of a
6-11 disfavored group, as defined by Section 138.001, Civil Practice and
6-12 Remedies Code; or
6-13 (3) encourages or instructs a person in the commission
6-14 of a hate crime, as described by Section 42.15, Penal Code.
6-15 SECTION 5. (a) The change in law made by Section 1 of this
6-16 Act applies only to the punishment for an offense committed on or
6-17 after the effective date of this Act. For purposes of this
6-18 section, an offense is committed before the effective date of this
6-19 Act if any element of the offense occurs before the effective date.
6-20 (b) The punishment for an offense committed before the
6-21 effective date of this Act is covered by the law in effect when the
6-22 offense was committed, and the former law is continued in effect
6-23 for this purpose.
6-24 SECTION 6. This Act takes effect September 1, 1993.
6-25 SECTION 7. The importance of this legislation and the
7-1 crowded condition of the calendars in both houses create an
7-2 emergency and an imperative public necessity that the
7-3 constitutional rule requiring bills to be read on three several
7-4 days in each house be suspended, and this rule is hereby suspended.