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.