By:  Ellis, et al.                                     S.B. No. 141
                                 A BILL TO BE ENTITLED
                                        AN ACT
    1-1  relating to the prosecution of and punishment for an offense
    1-2  motivated by bias or prejudice.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Section 12.47, Penal Code, is amended to read as
    1-5  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, in the punishment phase of the
    1-9  trial of an offense other than a first degree felony or a Class A
   1-10  misdemeanor, the punishment for the offense is increased to the
   1-11  punishment prescribed for the next highest category of offense.  If
   1-12  the offense is a Class A misdemeanor, the minimum term of
   1-13  confinement for the offense is increased to 180 days.  This section
   1-14  does not apply to the trial of an offense of injury to a disabled
   1-15  individual under Section 22.04, if the affirmative finding in the
   1-16  case under Article 42.014, Code of Criminal Procedure, shows that
   1-17  the defendant intentionally selected the victim because the victim
   1-18  was disabled.
   1-19        SECTION 2.  Article 42.014, Code of Criminal Procedure, is
   1-20  amended to read as follows:
   1-21        Art. 42.014.  Finding that offense was committed because of
   1-22  bias or prejudice. In the punishment phase of the trial of an
   1-23  offense under Title 5 (offenses against the person) or Sections
   1-24  28.02 and 28.03, <the> Penal Code, if the court determines beyond a
    2-1  reasonable doubt that the defendant intentionally selected the
    2-2  person against whom the offense was committed or intentionally
    2-3  selected property damaged or affected as a result of the offense
    2-4  because of the race, color, disability, religion, national origin
    2-5  or ancestry, or sexual orientation of the person against whom the
    2-6  offense was committed or the owner or occupant of the property
    2-7  <intentionally selected the victim primarily because of the
    2-8  defendant's bias or prejudice against a person or a group>, the
    2-9  court shall make an affirmative finding of that fact and enter the
   2-10  affirmative finding in the judgment of that case.
   2-11        SECTION 3.  (a)  The change in the law made by this Act
   2-12  applies only to an offense committed on or after the effective date
   2-13  of this Act.  For purposes of this section, an offense is committed
   2-14  before the effective date of this Act if any element of the offense
   2-15  occurs before the effective date.
   2-16        (b)  An offense committed before the effective date of this
   2-17  Act is covered by the law in effect when the offense was committed,
   2-18  and the former law is continued in effect for that purpose.
   2-19        SECTION 4.  This Act takes effect September 1, 1995.
   2-20        SECTION 5.  The importance of this legislation and the
   2-21  crowded condition of the calendars in both houses create an
   2-22  emergency and an imperative public necessity that the
   2-23  constitutional rule requiring bills to be read on three several
   2-24  days in each house be suspended, and this rule is hereby suspended.