BILL ANALYSIS


                                                     C.S.S.B. 141
                                                        By: Ellis
                                                 Criminal Justice
                                                          3-27-95
                                   Committee Report (Substituted)

BACKGROUND

A growing number of cases have occurred involving harassment,
physical intimidation, and assault against persons because of their
race, color, disability, religion, national origin or ancestry, or
sexual orientation.  The language of this bill is based on the
language of the Wisconsin hate crimes statute, which was approved
by the U.S. Supreme Court.

PURPOSE

As proposed, C.S.S.B. 141 increases penalties and sets forth
requirements for the prosecution for offenses motivated by bias or
prejudice.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not grant any
additional rulemaking authority to a state officer, institution, or
agency.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 12.47, Penal Code, as follows:

     Sec. 12.47.    PENALTY IF OFFENSE COMMITTED BECAUSE OF BIAS OR
     PREJUDICE.  Increases a minimum prison sentence to 180 days if
     an offense motivated by bias or prejudice is a Class A
     misdemeanor.  Provides that this section does not apply to the
     trial of an offense of injury to a disabled individual if the
     affirmative finding in the case under Article 42.014, Code of
     Criminal Procedure, shows that the defendant intentionally
     selected the victim because the victim was disabled.
SECTION 2. Amends Article 42.014, Code of Criminal Procedure, as
follows:

     Art. 42.014.   FINDING THAT OFFENSE WAS COMMITTED BECAUSE OF
     BIAS OR PREJUDICE.  Requires the court to make an affirmative
     finding if the court by a preponderance of the evidence
     determines that the defendant intentionally selected the
     person against whom the offense was committed or property
     damaged or affected as a result of the offense because of
     certain personal characteristics of the person against whom
     the offense was committed or the owner or occupant of the
     property.  Makes conforming changes.
SECTION 3. Makes application of this Act prospective.

SECTION 4. Effective date:  September 1, 1995.

SECTION 5. Emergency clause.