By Hochberg, Danburg, Greenberg, Naishtat              H.B. No. 365
       74R2485 GWK-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the prosecution of and punishment for an offense
    1-3  motivated by bias or prejudice.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Section 12.47, Penal Code, is amended to read as
    1-6  follows:
    1-7        Sec. 12.47.  Penalty if Offense Committed Because of Bias or
    1-8  Prejudice.  If the court makes an affirmative finding under Article
    1-9  42.014, Code of Criminal Procedure, in the punishment phase of the
   1-10  trial of an offense other than a first degree felony or a Class A
   1-11  misdemeanor, the punishment for the offense is increased to the
   1-12  punishment prescribed for the next highest category of offense.  If
   1-13  the offense is a Class A misdemeanor, the minimum term of
   1-14  confinement for the offense is increased to 180 days.
   1-15        SECTION 2.  Article 42.014, Code of Criminal Procedure, is
   1-16  amended to read as follows:
   1-17        Art. 42.014.  Finding that offense was committed because of
   1-18  bias or prejudice.  In the punishment phase of the trial of an
   1-19  offense under the Penal Code, if the court determines that the
   1-20  defendant was motivated in whole or in part to commit the offense
   1-21  because of the race, color, disability, religion, national origin
   1-22  or ancestry, or sexual orientation of the victim or the defendant's
   1-23  perception of the race, color, disability, religion, national
   1-24  origin or ancestry, or sexual orientation of the victim
    2-1  <intentionally selected the victim primarily because of the
    2-2  defendant's bias or prejudice against a person or a group>, the
    2-3  court shall make an affirmative finding of that fact and enter the
    2-4  affirmative finding in the judgment of that case.
    2-5        SECTION 3.  (a)  The change in law made by this Act applies
    2-6  only to an offense committed on or after the effective date of this
    2-7  Act.  For purposes of this section, an offense is committed before
    2-8  the effective date of this Act if any element of the offense occurs
    2-9  before the effective date.
   2-10        (b)  An offense committed before the effective date of this
   2-11  Act is covered by the law in effect when the offense was committed,
   2-12  and the former law is continued in effect for that purpose.
   2-13        SECTION 4.  This Act takes effect September 1, 1995.
   2-14        SECTION 5.  The importance of this legislation and the
   2-15  crowded condition of the calendars in both houses create an
   2-16  emergency and an imperative public necessity that the
   2-17  constitutional rule requiring bills to be read on three several
   2-18  days in each house be suspended, and this rule is hereby suspended.