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 * * * * *