By Hochberg H.B. No. 271
Line and page numbers may not match official copy.
Bill not drafted by TLC or Senate E&E.
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. Article 42.014, Code of Criminal Procedure, is
1-6 amended to read as follows:
1-7 Art. 42.014. Finding that offense was committed because of
1-8 bias or prejudice. In the punishment phase of the trial of an
1-9 offense under the Penal Code, if the judge or jury [court]
1-10 determines that the defendant intentionally selected the person
1-11 against whom the offense was committed or intentionally selected
1-12 property damaged or affected as a result of the offense because of
1-13 the actual or perceived race, age, gender, color, disability,
1-14 religion, national origin or ancestry, or sexual orientation of the
1-15 person against whom the offense was committed or the owner or the
1-16 occupant of the property [victim primarily because of the
1-17 defendant's bias or prejudice against a group], the judge [court]
1-18 shall make an affirmative finding of that fact and enter the
1-19 affirmative finding in the judgment of that case.
1-20 SECTION 2. (a) The change in law made by this Act applies
1-21 only to an offense committed on or after the effective date of this
2-1 Act. For purposes of this section, an offense is committed before
2-2 the effective date of this Act if any element of the offense occurs
2-3 before the effective date.
2-4 (b) An offense committed before the effective date of this
2-5 Act is covered by the law in effect when the offense was committed,
2-6 and the former law is continued in effect for that purpose.
2-7 SECTION 3. This Act takes effect September 1, 1999.
2-8 SECTION 4. The importance of this legislation and the
2-9 crowded condition of the calendars in both houses create an
2-10 emergency and an imperative public necessity that the
2-11 constitutional rule requiring bills to be read on three several
2-12 days in each house be suspended, and this rule is hereby suspended.