SRC-TNM S.B. 80 75(R)    BILL ANALYSIS


Senate Research CenterS.B. 80
By: Ellis
Criminal Justice
1-29-97
As Filed


DIGEST 

Currently, a county criminal court is not authorized to hear felony cases
or upgrade a Class A misdemeanor to a third degree felony without removing
the case from their jurisdiction.  S.B. 80 increases the punishment for
offenses motivated by bias or prejudice by one degree unless it is a Class
A misdemeanor or a first degree felony.  If the offense is a Class A
misdemeanor, the mandatory minimum term of confinement is increased to 180
days. 
   
PURPOSE

As proposed, S.B. 80 increases the prosecution of and punishment for an
offense motivated by bias or prejudice. 

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 the
punishment for an offense other than a first degree felony or a Class A
misdemeanor is increased to the punishment prescribed for the next highest
category of offense, if the court makes an affirmative finding under
Article 42.014, Code of Criminal Procedure.  Provides that the minimum
term of confinement for the offense is increased to 180 days, if the
offense is a Class A misdemeanor.  Provides that this section does not
apply to the trial of an offense of injury to a disabled individual under
Section 22.04, if the affirmative finding in the case under Article
42.014, Code of Criminal Procedure, shows that the defendant intentionally
selected the victim because the victim is disabled. 

SECTION 2.  Amends Article 42.014, Code of Criminal Procedure, to require
a court to make an affirmative finding and enter the finding in the
judgment of the case,  in the punishment phase of the trial of an offense
under Title 5 (offenses against the person) or Section 28.02 or 28.03,
Penal Code, if the court determines beyond a reasonable doubt that the
defendant intentionally selected the person against whom the offense was
committed or intentionally selected property damaged as a result of the
offense because of race, color, disability, religion, national origin or
ancestry, or sexual orientation of the person against whom the offense was
committed or the owner or occupant of the property.  Makes conforming
changes. 

SECTION 3.  Makes application of this Act prospective.

SECTION 4.  Effective date: September 1, 1997.   

SECTION 5.  Emergency clause.