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.