SRC-HRD H.B. 1333 75(R)   BILL ANALYSIS


Senate Research Center   H.B. 1333
By: Hochberg (Ellis)
Criminal Justice
5-16-97
Engrossed


DIGEST 

The current hate crimes statute allows penalties to be increased if the
court finds that a crime was committed because of bias or prejudice.
Normally, the punishment increases to the punishment prescribed for the
next highest category of offense.  This creates problems in cases of Class
A misdemeanors since these cases are heard by the county court, which does
not have jurisdiction over felonies.                                       

H.B. 1333 would amend the Penal Code to provide that the penalty for a
Class A misdemeanor offense that was committed because of bias or
prejudice is a minimum term of confinement of 180 days.  This change would
provide that the enhancement of a Class A misdemeanor does not require a
jurisdiction change.                                   

PURPOSE

As proposed, H.B. 1333 amends the Penal Code to provide that the penalty
for a Class A misdemeanor offense that was committed because of bias or
prejudice is a minimum term of confinement of 180 days, thereby providing
that the enhancement of a Class A misdemeanor does not require a
jurisdiction change.                                   

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 12.47, Penal Code, to provide that if the judge
or jury, whichever assesses punishment in the case, rather than if the
court, makes an affirmative finding under Article 42.014, Code of Criminal
Procedure, in the punishment phase of the trial for an offense other than
a first degree felony or a Class A misdemeanor, the punishment for the
offense is increased to the punishment prescribed for the next highest
category of offense.  Provides that if the offense is a Class A
misdemeanor, the minimum term of confinement for the offense is increased
to 180 days. 

SECTION 2. Makes application of this Act prospective.

SECTION 3. Effective date: September 1, 1997.

SECTION 4. Emergency clause.