By Hochberg                                     H.B. No. 1333

      75R6177 GWK-D                           

                                A BILL TO BE ENTITLED

 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 court makes an affirmative finding under Article

 1-9     42.014, Code of Criminal Procedure, in the punishment phase of the

1-10     trial of an offense other than a first degree felony or a Class A

1-11     misdemeanor, the punishment for the offense is increased to the

1-12     punishment prescribed for the next highest category of offense.  If

1-13     the offense is a Class A misdemeanor, the minimum term of

1-14     confinement for the offense is increased to 180 days.

1-15           SECTION 2.  (a)  The change in the law made by this Act

1-16     applies only to an offense committed on or after the effective date

1-17     of this Act.  For purposes of this section, an offense is committed

1-18     before the effective date of this Act if any element of the offense

1-19     occurs before the effective date.

1-20           (b)  An offense committed before the effective date of this

1-21     Act is covered by the law in effect when the offense was committed,

1-22     and the former law is continued in effect for that purpose.

1-23           SECTION 3.  This Act takes effect September 1, 1997.

1-24           SECTION 4.  The importance of this legislation and the

 2-1     crowded condition of the calendars in both houses create an

 2-2     emergency and an imperative public necessity that the

 2-3     constitutional rule requiring bills to be read on three several

 2-4     days in each house be suspended, and this rule is hereby suspended.