By:  West                                               S.B. No. 84
                                 A BILL TO BE ENTITLED
                                        AN ACT
    1-1  relating to the punishment for certain offenses committed because
    1-2  of bias or prejudice.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Subchapter D, Chapter 12, Section 12.47, Penal
    1-5  Code, is amended to read to follows:
    1-6        Sec. 12.47.  PENALTY IF OFFENSE COMMITTED BECAUSE OF BIAS OR
    1-7  PREJUDICE.  If the court makes an affirmative finding under Article
    1-8  42.014, Code of Criminal Procedure, at <in the punishment phase of>
    1-9  the trial of an offense other than a first degree felony or a class
   1-10  A misdemeanor, the punishment for the offenses is increased to the
   1-11  punishment prescribed for the next highest category of offense.  If
   1-12  the court makes an affirmative finding in a class A misdemeanor
   1-13  under Article 42.014, Code of Criminal Procedure, the minimum term
   1-14  of confinement in jail shall not be less than 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.  If it is shown at the trial of an offense <In
   1-19  the punishment phase of the trial of an offense under the Penal
   1-20  Code, if the court determines> that the defendant intentionally
   1-21  selected the victim primarily because of the defendant's bias or
   1-22  prejudice against a person or a group, the court shall make an
   1-23  affirmative finding of that fact and enter the affirmative finding
    2-1  in the judgment of that case.
    2-2        SECTION 3.  (a)  The change in law made by this Act applies
    2-3  only to a defendant charged with or convicted of an offense
    2-4  committed on or after the effective date of this Act.  For the
    2-5  purposes of this section, an offense is committed before the
    2-6  effective date of this Act if any element of the offense occurs
    2-7  before the effective date.
    2-8        (b)  A defendant charged with or convicted of an offense
    2-9  committed before the effective date of this Act is covered by the
   2-10  law in effect when the offense was committed, and the former law is
   2-11  continued in effect for that purpose.
   2-12        SECTION 4.  This Act takes effect September 1, 1995.
   2-13        SECTION 5.  The importance of this legislation and the
   2-14  crowded condition of the calendars in both houses create an
   2-15  emergency and an imperative public necessity that the
   2-16  constitutional rule requiring bills to be read on three several
   2-17  days in each house be suspended, and this rule is hereby suspended.