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 * * * * *