1-1 AN ACT
1-2 relating to the punishment for an offense motivated by bias or
1-3 prejudice.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 12.47, Penal Code, is amended to read as
1-6 follows:
1-7 Sec. 12.47. Penalty if Offense Committed Because of Bias or
1-8 Prejudice. If the judge or jury, whichever assesses punishment in
1-9 the case, [court] makes an affirmative finding under Article
1-10 42.014, Code of Criminal Procedure, in the punishment phase of the
1-11 trial of an offense other than a first degree felony or a Class A
1-12 misdemeanor, the punishment for the offense is increased to the
1-13 punishment prescribed for the next highest category of offense. If
1-14 the offense is a Class A misdemeanor, the minimum term of
1-15 confinement for the offense is increased to 180 days.
1-16 SECTION 2. (a) The change in the law made by this Act
1-17 applies only to an offense committed on or after the effective date
1-18 of this Act. For purposes of this section, an offense is committed
1-19 before the effective date of this Act if any element of the offense
1-20 occurs before the effective date.
1-21 (b) An offense committed before the effective date of this
1-22 Act is covered by the law in effect when the offense was committed,
1-23 and the former law is continued in effect for that purpose.
1-24 SECTION 3. This Act takes effect September 1, 1997.
2-1 SECTION 4. The importance of this legislation and the
2-2 crowded condition of the calendars in both houses create an
2-3 emergency and an imperative public necessity that the
2-4 constitutional rule requiring bills to be read on three several
2-5 days in each house be suspended, and this rule is hereby suspended.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1333 was passed by the House on May
10, 1997, by a non-record vote.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 1333 was passed by the Senate on May
22, 1997, by a viva-voce vote.
_______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor