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.