ACM C.S.H.B. 1333 75(R)BILL ANALYSIS


CRIMINAL JURISPRUDENCE
C.S.H.B. 1333
By: Hochberg
5-1-97
Committee Report (Substituted)



BACKGROUND 

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. 

PURPOSE

HB 1333, as substituted, would amend the Penal Code to provide that the
penalty for a Class A misdemeanor offense that was committed because of
bias or prejudice shall be 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. 

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency or
institution. 

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, makes an affirmative
finding that an offense was committed because of bias or prejudice the
punishment for the offense is increased to the punishment prescribed for
the next highest category of offense unless the offense was a first degree
felony or a Class A misdemeanor.  The penalty for a Class A misdemeanor
offense committed because of bias or prejudice is increased to a minimum
term of confinement of 180 days. 

SECTION 2.  The change in law made by this Act applies only to an offense
committed on or after the effective date of this Act. 

SECTION 3.  Effective Date:  September 1, 1997.

SECTION 4.  Emergency Clause.

COMPARISON OF ORIGINAL TO SUBSTITUTE

The original bill provided that penalties for offenses motivated by bias
or prejudice are enhanced if the court makes an affirmative finding in the
punishment phase of the trial.  The substitute clarifies the language by
providing that penalties are enhanced if the judge or jury, whichever
assesses punishment in the case, makes an affirmative finding in the
punishment phase of the trial.