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.