By Ellis                                                S.B. No. 80

      75R735 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.  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.  This section

1-15     does not apply to the trial of an offense of injury to a disabled

1-16     individual under Section 22.04, if the affirmative finding in the

1-17     case under Article 42.014, Code of Criminal Procedure, shows that

1-18     the defendant intentionally selected the victim because the victim

1-19     was disabled.

1-20           SECTION 2.  Article 42.014, Code of Criminal Procedure, is

1-21     amended to read as follows:

1-22           Art. 42.014.  Finding that offense was committed because of

1-23     bias or prejudice.  In the punishment phase of the trial of an

1-24     offense under Title 5 (offenses against the person) or Section

 2-1     28.02 or 28.03, [the] Penal Code, if the court determines beyond a

 2-2     reasonable doubt that the defendant intentionally selected the

 2-3     person against whom the offense was committed or intentionally

 2-4     selected property damaged or affected as a result of the offense

 2-5     because of the race, color, disability, religion, national origin

 2-6     or ancestry, or sexual orientation of the person against whom the

 2-7     offense was committed or the owner or the occupant of the property

 2-8     [victim primarily because of the defendant's bias or prejudice

 2-9     against a group], the court shall make an affirmative finding of

2-10     that fact and enter the affirmative finding in the judgment of that

2-11     case.

2-12           SECTION 3.  (a)  The change in the law made by this Act

2-13     applies only to an offense committed on or after the effective date

2-14     of this Act.  For purposes of this section, an offense is committed

2-15     before the effective date of this Act if any element of the offense

2-16     occurs before the effective date.

2-17           (b)  An offense committed before the effective date of this

2-18     Act is covered by the law in effect when the offense was committed,

2-19     and the former law is continued in effect for that purpose.

2-20           SECTION 4.  This Act takes effect September 1, 1997.

2-21           SECTION 5.  The importance of this legislation and the

2-22     crowded condition of the calendars in both houses create an

2-23     emergency and an imperative public necessity that the

2-24     constitutional rule requiring bills to be read on three several

2-25     days in each house be suspended, and this rule is hereby suspended.