SRC-JJJ S.B. 275 76(R) BILL ANALYSIS
Senate Research Center S.B. 275
76R4846 GWK-DBy: Ellis
Criminal Justice
3/5/1999
As Filed
DIGEST
Currently, the Texas hate crimes statute, which increases penalties by one
level of offense if a crime is proven to be "motivated by bias or
prejudice," has not been widely used because prosecutors and legal experts
have warned that the statute is too vague to be enforced properly and may
not hold up to a constitutional challenge. S.B. 275 would establish
conditions relating to the investigation and prosecution of an offense
motivated by bias or prejudice and to other remedies for and prosecutions
against certain hateful acts.
PURPOSE
As proposed, S.B. 275 establishes conditions and ramifications regarding
the investigation and prosecution of an offense motivated by bias or
prejudice and includes other remedies for and protections against certain
hateful acts.
RULEMAKING AUTHORITY
This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency.
SECTION BY SECTION ANALYSIS
ARTICLE 1
SECTION 1.01. Amends Section 12.47, Penal Code, to establish that this
section does not apply to the trial of an offense of injury to a disabled
individual under Section 22.04, if the affirmative finding in the case
under Article 42.014, Code of Criminal Procedure, shows that the defendant
intentionally selected the victim because the victim was disabled.
Authorizes the attorney general, upon request by a prosecuting attorney, to
assist the prosecuting attorney in the investigation or prosecution of an
offense committed because of bias or prejudice. Requires the attorney
general to designate one individual in the division of the attorney
general's office that assists in prosecuting criminal cases to coordinate
responses to requests made under this subsection.
SECTION 1.02. Amends Article 42.014, Code of Criminal Procedure, to
require the court to make an affirmative finding of the fact and enter the
finding in the judgment of the case, if in the punishment phase of a trial
of an offense under Title 5 (offenses against the person) or Section 28.02
or 28.03, Penal Code, if the court determines beyond a reasonable doubt
that the defendant intentionally selected the person against whom the
offense was committed or intentionally selected property damaged or
affected as a result of the offense because of race, color, disability,
religion, national origin or ancestry, or sexual orientation of the person
against whom the offense was committed or the owner or occupant of the
property, rather than selected the victim because of the defendant's bias
or prejudice against a group.
SECTION 1.03. Makes application of this article prospective.
ARTICLE 2
SECTION 2.01. Amends Chapter 104, Code of Criminal Procedure, by adding
Article 104.004, as follows:
Art. 104.004. EXTRAORDINARY PROSECUTION COSTS. Requires the criminal
justice division of the governor's office (division) to distribute grants
as provided by this Article. Provides that a county with a population of
less than 50,000 is eligible to apply to the division for a grant under
this article if, during the preceding fiscal year, the total amount of
county expenditures or funds exceeded certain amounts. Requires the
commissioners court to submit with an application a financial statement of
the county that shows the total amount of funds, expenditures, and expenses
of the county for the fiscal year for which the application is made.
Authorizes the division to make a grant only to an eligible county for the
reimbursement of expenses incurred by the county during the fiscal year for
which the application is made for the investigation or prosecution of an
offense described by Subsection(b)(1). Prohibits the amount of the grant
to an eligible county from exceeding an amount equal to five percent of the
difference between the total amount of funds received by the county and the
total expenditures during the fiscal year for which the application is
made. Authorizes the division to adopt a budget and rules for the making of
grants under this article. Provides that all grants made to a county under
this article and its expenditure by the county are subject to audit by the
state auditor.
SECTION 2.02. Authorizes the commissioners court of a county to apply to
the division for a grant, on or after September 1, 1999.
ARTICLE 3
SECTION 3.01. Amends Title 6, Civil Practice and Remedies Code, by adding
Chapter 140, as follows:
CHAPTER 140. REMEDIES FOR AND PROTECTIONS AGAINST HATEFUL ACTS
Sec. 140.001. DEFINITIONS. Defines "claimant" and "defendant."
Sec. 140.002. RIGHT TO BE FREE FROM HATEFUL ACTS. Provides that an
individual in this state has the right to be free from an act of violence,
or intimidation by threat of violence, committed against the person or
property of the individual, because of certain personal characteristics, or
another person receives the individual to have one or more of those
characteristics.
Sec. 140.003. ACTION BY INDIVIDUAL. Authorizes an individual to commence
certain legal actions, if the individual's exercise or enjoyment of the
rights secured by Section 140.002 is interfered with by a person, whether
or not acting under color of law, by threat, intimidation, or coercion, or
by an attempt to interfere by threat, intimidation, or coercion. Requires a
court to award a claimant who prevails in an action under this chapter
reasonable attorney's fees incurred in bringing the action.
Sec. 140.004. ACTION BY STATE OR LOCAL ATTORNEY. Authorizes certain
attorneys to bring an action for injunctive relief or other appropriate
relief, including attorney's fees, to protect the peaceable exercise or
enjoyment by an individual of the right secured by Section 140.002.
Sec. 140.005. CONTENT OF SPEECH. Prohibits an action under this chapter
from being based solely on the contents of the speech of the defendant
unless it is shown that certain threats exist. Prohibits the court from
issuing an order under this chapter that restricts the content of any
defendant's speech. Sets forth the extent to which a court is authorized
to issue an order that restricts the time, place, or manner of the
defendant's speech.
Sec. 140.006. FORUM. Authorizes an action under this chapter to be
brought in a district or county court.
Sec. 140.007. ENFORCEMENT. Establishes that an order issued under this
chapter is enforceable by contempt, prosecution under Section 22.11, Penal
Code, or both.
Sec. 140.008. WARNING. Requires an order for temporary or permanent
relief under this chapter to include a warning statement, and sets forth
the text of the statement.
Sec. 140.009. NOTIFICATION OF LAW ENFORCEMENT AGENCIES. Requires a court
that issues an order for temporary or permanent relief to order the
claimant or the claimant's attorney to deliver, or the clerk of the court
to mail, two copies of the order before the end of the day on which the
order was granted to certain entities. Sets forth requirements for a law
enforcement agency that receives an order. Defines "order."
Sec. 140.010. INDEPENDENT REMEDY. Establishes that an action under this
chapter is independent of any other remedy or procedure that may be
available to the claimant.
SECTION 3.02. Amends Chapter 22, Penal Code, by adding Section 22.11, as
follows:
Sec. 22.11. VIOLATION OF ORDER ENJOINING HATEFUL ACTS. Establishes that a
person commits an offense if, in violation of an order for certain
injunctive relief, if the person knowingly violates an order. Establishes
that an offense committed under this section is a Class B misdemeanor,
unless it is shown that a person has been convicted under this section two
or more times, in which case it is a Class A misdemeanor.
SECTION 3.03. Makes application of this article prospective.
ARTICLE 4
SECTION 4.01. Amends Section 415.032(b), Government Code, to require the
Commission on Law Enforcement Officer Standards and Education to require
courses and programs to provide training in the investigation and
documentation of cases that involve offenses committed because of bias or
prejudice. Makes conforming changes.
SECTION 4.02. Amends Section 415.034, Government Code, by adding
Subsection (j), to require the course provided to a peace officer to
include education and training in the recognition of offenses that are
committed because of bias or prejudice, unless the agency head determines
that the education and training is inconsistent with the officer's assigned
duties.
ARTICLE 5
SECTION 5.01. Effective date: September 1, 1999.
SECTION 5.02. Emergency clause.