By Thompson H.B. No. 938
76R4846 GWK-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the investigation and prosecution of an offense
1-3 motivated by bias or prejudice and to other remedies for and
1-4 protections against certain hateful acts.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 ARTICLE 1
1-7 SECTION 1.01. Section 12.47, Penal Code, is amended to read
1-8 as follows:
1-9 Sec. 12.47. (a) PENALTY IF OFFENSE COMMITTED BECAUSE OF
1-10 BIAS OR PREJUDICE. If the judge or jury, whichever assesses
1-11 punishment in the case, makes an affirmative finding under Article
1-12 42.014, Code of Criminal Procedure, in the punishment phase of the
1-13 trial of an offense other than a first degree felony or a Class A
1-14 misdemeanor, the punishment for the offense is increased to the
1-15 punishment prescribed for the next highest category of offense. If
1-16 the offense is a Class A misdemeanor, the minimum term of
1-17 confinement for the offense is increased to 180 days. This section
1-18 does not apply to the trial of an offense of injury to a disabled
1-19 individual under Section 22.04, if the affirmative finding in the
1-20 case under Article 42.014, Code of Criminal Procedure, shows that
1-21 the defendant intentionally selected the victim because the victim
1-22 was disabled.
1-23 (b) The attorney general, if requested to do so by a
1-24 prosecuting attorney, may assist the prosecuting attorney in the
2-1 investigation or prosecution of an offense committed because of
2-2 bias or prejudice. The attorney general shall designate one
2-3 individual in the division of the attorney general's office that
2-4 assists in the prosecution of criminal cases to coordinate
2-5 responses to requests made under this subsection.
2-6 SECTION 1.02. Article 42.014, Code of Criminal Procedure, is
2-7 amended to read as follows:
2-8 Art. 42.014. Finding that offense was committed because of
2-9 bias or prejudice. In the punishment phase of the trial of an
2-10 offense under Title 5 (offenses against the person) or Section
2-11 28.02 or 28.03, [the] Penal Code, if the court determines beyond a
2-12 reasonable doubt that the defendant intentionally selected the
2-13 person against whom the offense was committed or intentionally
2-14 selected property damaged or affected as a result of the offense
2-15 because of the race, color, disability, religion, national origin
2-16 or ancestry, or sexual orientation of the person against whom the
2-17 offense was committed or the owner or the occupant of the property
2-18 [victim primarily because of the defendant's bias or prejudice
2-19 against a group], the court shall make an affirmative finding of
2-20 that fact and enter the affirmative finding in the judgment of that
2-21 case.
2-22 SECTION 1.03. (a) The change in the law made by this
2-23 article applies only to an offense committed on or after the
2-24 effective date of this Act. For purposes of this section, an
2-25 offense is committed before the effective date of this Act if any
2-26 element of the offense occurs before the effective date.
2-27 (b) An offense committed before the effective date of this
3-1 Act is covered by the law in effect when the offense was committed,
3-2 and the former law is continued in effect for that purpose.
3-3 ARTICLE 2
3-4 SECTION 2.01. Chapter 104, Code of Criminal Procedure, is
3-5 amended by adding Article 104.004 to read as follows:
3-6 Art. 104.004. EXTRAORDINARY PROSECUTION COSTS. (a) The
3-7 criminal justice division of the governor's office shall distribute
3-8 grants as provided by this article.
3-9 (b) A county with a population of less than 50,000 is
3-10 eligible to apply to the division for a grant under this article
3-11 if, during the preceding fiscal year:
3-12 (1) the total amount of expenditures of the county
3-13 exceeded the total amount of funds received by the county from all
3-14 sources and the county incurred expenses for the investigation or
3-15 prosecution of an offense:
3-16 (A) defined by Section 19.03, Penal Code; and
3-17 (B) alleged by the attorney representing the
3-18 state to have been committed because of bias or prejudice as
3-19 described by Article 42.014; or
3-20 (2) the total amount of funds received by the county
3-21 from all sources exceeded the total amount of expenditures of the
3-22 county and the county incurred expenses for the investigation or
3-23 prosecution of an offense described by Subsection (b)(1) that
3-24 exceed five percent of the amount of that excess.
3-25 (c) The commissioners court must submit with an application
3-26 under Subsection (b) a financial statement of the county that shows
3-27 for the fiscal year for which application is made:
4-1 (1) the total amount of funds received by the county
4-2 from all sources;
4-3 (2) the total amount of expenditures of the county;
4-4 and
4-5 (3) the total amount of expenses incurred by the
4-6 county for the investigation or prosecution of an offense described
4-7 by Subsection (b)(1).
4-8 (d) The division may make a grant under this article only to
4-9 an eligible county for the reimbursement of expenses incurred by
4-10 the county during the fiscal year for which application is made for
4-11 the investigation or prosecution of an offense described by
4-12 Subsection (b)(1). The amount of the grant to a county eligible
4-13 under Subsection (b)(2) may not exceed an amount equal to five
4-14 percent of the difference between the total amount of funds
4-15 received by the county and the total amount of expenditures of the
4-16 county during the fiscal year for which application is made.
4-17 (e) The division may adopt a budget and rules for the making
4-18 of grants under this article. All grants made to a county under
4-19 this article and its expenditure by the county are subject to audit
4-20 by the state auditor.
4-21 SECTION 2.02. The commissioners court of a county may apply
4-22 to the criminal justice division of the governor's office for a
4-23 grant, as provided by Article 104.004, Code of Criminal Procedure,
4-24 as added by this Act, on or after September 1, 1999.
4-25 ARTICLE 3
4-26 SECTION 3.01. Title 6, Civil Practice and Remedies Code, is
4-27 amended by adding Chapter 140 to read as follows:
5-1 CHAPTER 140. REMEDIES FOR AND PROTECTIONS
5-2 AGAINST HATEFUL ACTS
5-3 Sec. 140.001. DEFINITIONS. In this chapter:
5-4 (1) "Claimant" means a party seeking the relief
5-5 provided by this chapter, including a plaintiff, counterclaimant,
5-6 cross-claimant, or third-party plaintiff.
5-7 (2) "Defendant" includes any party from whom a
5-8 claimant seeks relief under this chapter.
5-9 Sec. 140.002. RIGHT TO BE FREE FROM HATEFUL ACTS. An
5-10 individual in this state has the right to be free from an act of
5-11 violence, or intimidation by threat of violence, committed against
5-12 the person or property of the individual because:
5-13 (1) of the individual's race, color, disability,
5-14 religion, national origin or ancestry, or sexual orientation; or
5-15 (2) another person perceives the individual to have
5-16 one or more of the characteristics listed under Subdivision (1).
5-17 Sec. 140.003. ACTION BY INDIVIDUAL. (a) An individual
5-18 whose exercise or enjoyment of the right secured by Section 140.002
5-19 is interfered with by a person, whether or not acting under color
5-20 of law, by threat, intimidation, or coercion, or by an attempt to
5-21 interfere by threat, intimidation, or coercion may commence, in the
5-22 individual's own name, an action for:
5-23 (1) damages to the individual arising from the actions
5-24 of the defendant in violating the peaceable exercise or enjoyment
5-25 by the individual of the right secured by Section 140.002;
5-26 (2) exemplary damages as provided under Chapter 41;
5-27 and
6-1 (3) injunctive relief or any other appropriate relief
6-2 to protect the peaceable exercise or enjoyment of the right secured
6-3 by Section 140.002.
6-4 (b) A court shall award a claimant who prevails in an action
6-5 under this chapter reasonable attorney's fees incurred in bringing
6-6 the action.
6-7 Sec. 140.004. ACTION BY STATE OR LOCAL ATTORNEY. The
6-8 attorney general, a district attorney, a criminal district
6-9 attorney, a county attorney, or a municipal attorney may bring an
6-10 action for injunctive relief or other appropriate relief, including
6-11 attorney's fees, to protect the peaceable exercise or enjoyment by
6-12 an individual of the right secured by Section 140.002.
6-13 Sec. 140.005. CONTENT OF SPEECH. (a) An action under this
6-14 chapter may not be based solely on the contents of the speech of
6-15 the defendant unless it is shown that:
6-16 (1) the speech itself threatens violence against a
6-17 specific individual or group of individuals;
6-18 (2) the individual or group against whom the threat is
6-19 directed reasonably fears that, because of the contents of the
6-20 speech, violence will be committed against the individual or the
6-21 group or the property of the individual or group; and
6-22 (3) the defendant threatening violence had the
6-23 apparent ability to carry out the threat.
6-24 (b) A court may not issue an order under this chapter that
6-25 restricts the content of any defendant's speech.
6-26 (c) The court may issue an order that restricts the time,
6-27 place, or manner of the defendant's speech only to the extent:
7-1 (1) reasonably necessary to protect the peaceable
7-2 exercise or enjoyment by an individual of the right secured by
7-3 Section 140.002; and
7-4 (2) consistent with the constitutional rights of the
7-5 defendant.
7-6 Sec. 140.006. FORUM. An action under this chapter may be
7-7 brought in a district or county court.
7-8 Sec. 140.007. ENFORCEMENT. An order issued under this
7-9 chapter is enforceable by contempt, prosecution under Section
7-10 22.11, Penal Code, or both.
7-11 Sec. 140.008. WARNING. An order for temporary or permanent
7-12 relief under this chapter must include the following statement:
7-13 "A VIOLATION OF THIS ORDER BY COMMISSION OF AN ACT PROHIBITED BY
7-14 THIS ORDER MAY BE PUNISHABLE BY A FINE OF AS MUCH AS $4,000 OR BY
7-15 CONFINEMENT IN JAIL FOR AS LONG AS ONE YEAR, OR BOTH."
7-16 Sec. 140.009. NOTIFICATION OF LAW ENFORCEMENT AGENCIES. (a)
7-17 A court that issues an order for temporary or permanent relief
7-18 under this chapter shall order the claimant or the attorney for the
7-19 claimant to deliver, or the clerk of the court to mail, two copies
7-20 of the order before the end of the day on which the order was
7-21 granted to:
7-22 (1) each local law enforcement agency designated by
7-23 the claimant or the attorney for the claimant as having
7-24 jurisdiction over the residence of the claimant; and
7-25 (2) any other location in which the court determines
7-26 that hateful acts against the claimant are likely to occur.
7-27 (b) A law enforcement agency that receives an order under
8-1 this section shall:
8-2 (1) serve a copy on the defendant; and
8-3 (2) provide to any law enforcement officer responding
8-4 to the scene of a reported hateful act against the claimant
8-5 information relating to the existence of, terms of, and current
8-6 status of the order.
8-7 (c) In this section, "order" includes any extension,
8-8 modification, or termination of the order.
8-9 Sec. 140.010. INDEPENDENT REMEDY. An action under this
8-10 chapter is independent of any other remedy or procedure that may be
8-11 available to the claimant.
8-12 SECTION 3.02. Chapter 22, Penal Code, is amended by adding
8-13 Section 22.11 to read as follows:
8-14 Sec. 22.11. VIOLATION OF ORDER ENJOINING HATEFUL ACTS. (a)
8-15 A person commits an offense if, in violation of an order for
8-16 temporary or permanent injunctive relief issued under Chapter 140,
8-17 Civil Practice and Remedies Code, the person knowingly violates the
8-18 order.
8-19 (b) An offense under this section is a Class B misdemeanor
8-20 unless it is shown on the trial of the offense that the defendant
8-21 has previously been convicted under this section two or more times,
8-22 in which event the offense is a Class A misdemeanor.
8-23 SECTION 3.03. Chapter 140, Civil Practice and Remedies Code,
8-24 as added by this article, applies only to a cause of action that
8-25 accrues on or after the effective date of this Act. An action that
8-26 accrued before the effective date of this Act is governed by the
8-27 law applicable to the action immediately before the effective date
9-1 of this Act, and that law is continued in effect for that purpose.
9-2 ARTICLE 4
9-3 SECTION 4.01. Section 415.032(b), Government Code, is
9-4 amended to read as follows:
9-5 (b) In establishing requirements under this section, the
9-6 commission shall require courses and programs to provide training
9-7 in:
9-8 (1) the investigation and documentation of cases that
9-9 involve the following:
9-10 (A) child abuse;
9-11 (B) child neglect;
9-12 (C) family violence; [and]
9-13 (D) sexual assault; and
9-14 (E) offenses committed because of bias or
9-15 prejudice; and
9-16 (2) issues concerning sex offender characteristics.
9-17 SECTION 4.02. Section 415.034, Government Code, is amended
9-18 by adding Subsection (j) to read as follows:
9-19 (j) The course provided to a peace officer under Subsection
9-20 (b) must include education and training in, in addition to the
9-21 types of cases described by Subsection (b), the recognition of
9-22 offenses that are committed because of bias or prejudice, unless
9-23 the agency head determines that the education and training is
9-24 inconsistent with the officer's assigned duties.
9-25 ARTICLE 5
9-26 SECTION 5.01. This Act takes effect September 1, 1999.
9-27 SECTION 5.02. The importance of this legislation and the
10-1 crowded condition of the calendars in both houses create an
10-2 emergency and an imperative public necessity that the
10-3 constitutional rule requiring bills to be read on three several
10-4 days in each house be suspended, and this rule is hereby suspended.