1-1     By:  Ellis, Moncrief, Gallegos                          S.B. No. 80

 1-2           (In the Senate - Filed November 12, 1996; January 14, 1997,

 1-3     read first time and referred to Committee on Criminal Justice;

 1-4     April 17, 1997, reported favorably, as amended, by the following

 1-5     vote:  Yeas 4, Nays 2; April 17, 1997, sent to printer.)

 1-6     COMMITTEE AMENDMENT NO. 1                                 By:  West

 1-7     Amend S.B. No. 80 as follows:

 1-8           (1)  In SECTION 1 of the bill, in proposed Section 12.47,

 1-9     Penal Code, line 43, page 1, strike "court" and insert "judge or

1-10     jury, whichever determines punishment in the case, [court]"

1-11           (2)  In SECTION 2 of the bill, in proposed Article 42.014,

1-12     Code of Criminal Procedure, line 1, page 2, strike "court" and

1-13     insert "judge or jury [court]"

1-14           line 8, page 2, strike "court" and insert "judge [court]"

1-15     COMMITTEE AMENDMENT NO. 2                                 By:  West

1-16     Amend Committee Amendment No. 2 to S.B. No. 80 by striking the word

1-17     "sex" on line 30 and inserting in lieu thereof the word "gender".

1-18     COMMITTEE AMENDMENT NO. 3                            By:  Patterson

1-19     Amend S.B. No. 80 as follows:

1-20           (1)  In proposed Section 12.47, Penal Code, SECTION 1, line

1-21     49, page 1, strike the following:

1-22           "This section does not apply to the trial of an offense of

1-23     injury to a disabled individual under Section 22.04, if the

1-24     affirmative finding in the case under Article 42.014, Code of

1-25     Criminal Procedure, shows that the defendant intentionally selected

1-26     the victim because the victim was disabled."

1-27           (2)  In SECTION 2, in proposed Article 42.014, Code of

1-28     Criminal Procedure, line 4, page 2, between "because of the" and

1-29     "race" insert the following:

1-30           "age, sex,"

1-31           (3)  In SECTION 2, in proposed Article 42.014, Code of

1-32     Criminal Procedure, line 5-6, page 2, strike "sexual orientation"

1-33     and substitute the following:

1-34           "perceived sexual preference"

1-35                            A BILL TO BE ENTITLED

1-36                                   AN ACT

1-37     relating to the prosecution of and punishment for an offense

1-38     motivated by bias or prejudice.

1-39           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-40           SECTION 1.  Section 12.47, Penal Code, is amended to read as

1-41     follows:

1-42           Sec. 12.47.  Penalty if Offense Committed Because of Bias or

1-43     Prejudice.  If the court makes an affirmative finding under Article

1-44     42.014, Code of Criminal Procedure, in the punishment phase of the

1-45     trial of an offense other than a first degree felony or a Class A

1-46     misdemeanor, the punishment for the offense is increased to the

1-47     punishment prescribed for the next highest category of offense.  If

1-48     the offense is a Class A misdemeanor, the minimum term of

1-49     confinement for the offense is increased to 180 days.  This section

1-50     does not apply to the trial of an offense of injury to a disabled

1-51     individual under Section 22.04 if the affirmative finding in the

1-52     case under Article 42.014, Code of Criminal Procedure, shows that

1-53     the defendant intentionally selected the victim because the victim

1-54     was disabled.

1-55           SECTION 2.  Article 42.014, Code of Criminal Procedure, is

1-56     amended to read as follows:

1-57           Art. 42.014.  Finding that offense was committed because of

1-58     bias or prejudice.  In the punishment phase of the trial of an

1-59     offense under Title 5 or Section 28.02 or 28.03, [the] Penal Code,

1-60     if the court determines beyond a reasonable doubt that the

1-61     defendant intentionally selected the person against whom the

1-62     offense was committed or intentionally selected the property

1-63     damaged or affected as a result of the offense because of the race,

1-64     color, disability, religion, national origin or ancestry, or sexual

 2-1     orientation of the person against whom the offense was committed or

 2-2     the owner or the occupant of the property [victim primarily because

 2-3     of the defendant's bias or prejudice against a group], the court

 2-4     shall make an affirmative finding of that fact and enter the

 2-5     affirmative finding in the judgment of that case.

 2-6           SECTION 3.  (a)  The change in the law made by this Act

 2-7     applies only to an offense committed on or after the effective date

 2-8     of this Act.  For purposes of this section, an offense is committed

 2-9     before the effective date of this Act if any element of the offense

2-10     occurs before that date.

2-11           (b)  An offense committed before the effective date of this

2-12     Act is covered by the law in effect when the offense was committed,

2-13     and the former law is continued in effect for that purpose.

2-14           SECTION 4.  This Act takes effect September 1, 1997.

2-15           SECTION 5.  The importance of this legislation and the

2-16     crowded condition of the calendars in both houses create an

2-17     emergency and an imperative public necessity that the

2-18     constitutional rule requiring bills to be read on three several

2-19     days in each house be suspended, and this rule is hereby suspended.

2-20                                  * * * * *