1-1  By:  Ellis, et al.                                     S.B. No. 141
    1-2        (In the Senate - Filed December 13, 1994; January 17, 1995,
    1-3  read first time and referred to Committee on Criminal Justice;
    1-4  March 24, 1995, reported adversely, with favorable Committee
    1-5  Substitute by the following vote:  Yeas 5, Nays 0; March 24, 1995,
    1-6  sent to printer.)
    1-7  COMMITTEE SUBSTITUTE FOR S.B. No. 141                 By:  Whitmire
    1-8                         A BILL TO BE ENTITLED
    1-9                                AN ACT
   1-10  relating to the prosecution of and punishment for an offense
   1-11  motivated by bias or prejudice.
   1-12        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-13        SECTION 1.  Section 12.47, Penal Code, is amended to read as
   1-14  follows:
   1-15        Sec. 12.47.  Penalty if Offense Committed Because of Bias or
   1-16  Prejudice.  If the court makes an affirmative finding under Article
   1-17  42.014, Code of Criminal Procedure, in the punishment phase of the
   1-18  trial of an offense other than a first degree felony or a Class A
   1-19  misdemeanor, the punishment for the offense is increased to the
   1-20  punishment prescribed for the next highest category of offense.  If
   1-21  the offense is a Class A misdemeanor, the minimum term of
   1-22  confinement for the offense is increased to 180 days.  This section
   1-23  does not apply to the trial of an offense of injury to a disabled
   1-24  individual under Section 22.04, if the affirmative finding in the
   1-25  case under Article 42.014, Code of Criminal Procedure, shows that
   1-26  the defendant intentionally selected the victim because the victim
   1-27  was disabled.
   1-28        SECTION 2.  Article 42.014, Code of Criminal Procedure, is
   1-29  amended to read as follows:
   1-30        Art. 42.014.  Finding that offense was committed because of
   1-31  bias or prejudice. In the punishment phase of the trial of an
   1-32  offense under the Penal Code, if the court by a preponderance of
   1-33  the evidence determines that the defendant intentionally selected
   1-34  the person against whom the offense was committed or intentionally
   1-35  selected property damaged or affected as a result of the offense
   1-36  because of the race, color, disability, religion, national origin
   1-37  or ancestry, or sexual orientation of the person against whom the
   1-38  offense was committed or the owner or occupant of the property
   1-39  <intentionally selected the victim primarily because of the
   1-40  defendant's bias or prejudice against a person or a group>, the
   1-41  court shall make an affirmative finding of that fact and enter the
   1-42  affirmative finding in the judgment of that case.
   1-43        SECTION 3.  (a)  The change in the law made by this Act
   1-44  applies only to an offense committed on or after the effective date
   1-45  of this Act.  For purposes of this section, an offense is committed
   1-46  before the effective date of this Act if any element of the offense
   1-47  occurs before the effective date.
   1-48        (b)  An offense committed before the effective date of this
   1-49  Act is covered by the law in effect when the offense was committed,
   1-50  and the former law is continued in effect for that purpose.
   1-51        SECTION 4.  This Act takes effect September 1, 1995.
   1-52        SECTION 5.  The importance of this legislation and the
   1-53  crowded condition of the calendars in both houses create an
   1-54  emergency and an imperative public necessity that the
   1-55  constitutional rule requiring bills to be read on three several
   1-56  days in each house be suspended, and this rule is hereby suspended.
   1-57                               * * * * *