By Turner of Harris                             H.B. No. 1116

      75R928 GWK-F                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the prosecution of and punishment for an offense

 1-3     motivated by bias or prejudice.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  This Act shall be known as the Hate Crimes

 1-6     Amendment Act of 1997.

 1-7           SECTION 2.  Section 12.47, Penal Code, is amended to read as

 1-8     follows:

 1-9           Sec. 12.47.  Penalty if Offense Committed Because of Bias or

1-10     Prejudice.  If the court makes an affirmative finding under Article

1-11     42.014, Code of Criminal Procedure, in the punishment phase of the

1-12     trial of an offense other than a first degree felony or a Class A

1-13     misdemeanor, the punishment for the offense is increased to the

1-14     punishment prescribed for the next highest category of offense.  If

1-15     the offense is a Class A misdemeanor, the minimum term of

1-16     confinement for the offense is increased to 180 days.  This section

1-17     does not apply to the trial of an offense of injury to a disabled

1-18     individual under Section 22.04, if the affirmative finding in the

1-19     case under Article 42.014, Code of Criminal Procedure, shows that

1-20     the defendant intentionally selected the victim because the victim

1-21     was disabled.

1-22           SECTION 3.  Article 42.014, Code of Criminal Procedure, is

1-23     amended to read as follows:

1-24           Art. 42.014.  Finding that offense was committed because of

 2-1     bias or prejudice.  In the punishment phase of the trial of an

 2-2     offense under Title 5 (offenses against the person) or Section

 2-3     28.02 or 28.03, [the] Penal Code, if the court determines beyond a

 2-4     reasonable doubt that the defendant intentionally selected the

 2-5     person against whom the offense was committed or intentionally

 2-6     selected property damaged or affected as a result of the offense

 2-7     because of the race, color, disability, religion, national origin

 2-8     or ancestry, or sexual orientation of the person against whom the

 2-9     offense was committed or the owner or the occupant of the property

2-10     [victim primarily because of the defendant's bias or prejudice

2-11     against a group], the court shall make an affirmative finding of

2-12     that fact and enter the affirmative finding in the judgment of that

2-13     case.

2-14           SECTION 4.  (a)  The change in the law made by this Act

2-15     applies only to an offense committed on or after the effective date

2-16     of this Act.  For purposes of this section, an offense is committed

2-17     before the effective date of this Act if any element of the offense

2-18     occurs before the effective date.

2-19           (b)  An offense committed before the effective date of this

2-20     Act is covered by the law in effect when the offense was committed,

2-21     and the former law is continued in effect for that purpose.

2-22           SECTION 5.  This Act takes effect September 1, 1997.

2-23           SECTION 6.  The importance of this legislation and the

2-24     crowded condition of the calendars in both houses create an

2-25     emergency and an imperative public necessity that the

2-26     constitutional rule requiring bills to be read on three several

2-27     days in each house be suspended, and this rule is hereby suspended.