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 * * * * *