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


Senate Research CenterS.B. 80
By: Ellis
Criminal Justice
4-16-97
Committee Report (Amended)


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 judge or jury, whichever determines punishment
in the case, 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.

SECTION 2.  Amends Article 42.014, Code of Criminal Procedure, to require
a judge 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 judge or jury 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 age, gender, race, color, disability, religion,
national origin or ancestry, or perceived sexual preference 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.

SUMMARY OF COMMITTEE CHANGES

Amendment 1.

Page 1, line 8, amends text to strike "court" and insert "judge or jury,
whichever determines punishment in the case,"  Page 2, line 1, amends text
to strike "court" and insert "judge or jury."  Page 2, line 9, amends text
to strike "court" and insert "judge." 

 
Amendment 2.

Page 1, line 14, deletes text regarding the applicability of Section
12.47, Penal Code.  Page 2, line 5, amends text to insert "age, gender,"
between "because of the" and "race."  Page 2, line 6, amends text to
strike "sexual orientation" and insert "perceived sexual preference."