1-1     By:  Hochberg, Naishtat, et al.                       H.B. No. 1333

 1-2          (Senate Sponsor - Ellis)

 1-3           (In the Senate - Received from the House May 12, 1997;

 1-4     May 13, 1997, read first time and referred to Committee on Criminal

 1-5     Justice; May 18, 1997, reported favorably by the following vote:

 1-6     Yeas 6, Nays 1; May 18, 1997, sent to printer.)

 1-7                            A BILL TO BE ENTITLED

 1-8                                   AN ACT

 1-9     relating to the punishment for an offense motivated by bias or

1-10     prejudice.

1-11           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-12           SECTION 1.  Section 12.47, Penal Code, is amended to read as

1-13     follows:

1-14           Sec. 12.47.  Penalty if Offense Committed Because of Bias or

1-15     Prejudice.  If the judge or jury, whichever assesses punishment in

1-16     the case, [court] makes an affirmative finding under Article

1-17     42.014, Code of Criminal Procedure, in the punishment phase of the

1-18     trial of an offense other than a first degree felony or a Class A

1-19     misdemeanor, the punishment for the offense is increased to the

1-20     punishment prescribed for the next highest category of offense.  If

1-21     the offense is a Class A misdemeanor, the minimum term of

1-22     confinement for the offense is increased to 180 days.

1-23           SECTION 2.  (a)  The change in the law made by this Act

1-24     applies only to an offense committed on or after the effective date

1-25     of this Act.  For purposes of this section, an offense is committed

1-26     before the effective date of this Act if any element of the offense

1-27     occurs before the effective date.

1-28           (b)  An offense committed before the effective date of this

1-29     Act is covered by the law in effect when the offense was committed,

1-30     and the former law is continued in effect for that purpose.

1-31           SECTION 3.  This Act takes effect September 1, 1997.

1-32           SECTION 4.  The importance of this legislation and the

1-33     crowded condition of the calendars in both houses create an

1-34     emergency and an imperative public necessity that the

1-35     constitutional rule requiring bills to be read on three several

1-36     days in each house be suspended, and this rule is hereby suspended.

1-37                                  * * * * *