Amend HB 587 by striking all below the enacting clause and
substituting the following:
ARTICLE 1
SECTION 1.01. Section 12.47, Penal Code, is amended to read
as follows:
Sec. 12.47. PENALTY IF OFFENSE COMMITTED TO FURTHER IDEOLOGY
OR INTIMIDATE OR BECAUSE OF BIAS OR PREJUDICE. (a) If <the judge
or jury, whichever assesses punishment in the case, makes> an
affirmative finding under Article 42.014, Code of Criminal
Procedure, is made in the <punishment phase of the> trial of an
offense other than a first degree felony or a Class A misdemeanor,
the punishment for the offense is increased to the punishment
prescribed for the next highest category of offense. If the
offense is a Class A misdemeanor, the minimum term of confinement
for the offense is increased to 180 days. 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.
(b) The attorney general, if requested to do so by a
prosecuting attorney, may assist the prosecuting attorney in the
investigation or prosecution of an offense committed for a purpose
or reason described by Article 42.014, Code of Criminal Procedure.
The attorney general shall designate one individual in the division
of the attorney general's office that assists in the prosecution of
criminal cases to coordinate responses to requests made under this
subsection.
SECTION 1.02. Article 42.014, Code of Criminal Procedure, is
amended to read as follows:
Art. 42.014. FINDING THAT OFFENSE WAS COMMITTED TO FURTHER
IDEOLOGY OR INTIMIDATE OR BECAUSE OF BIAS OR PREJUDICE. In the
<punishment phase of the> trial of an offense under Title 5, Penal
Code, or Section 28.02, 28.03, or 28.08, <the> Penal Code, the
judge <if the court determines that the defendant intentionally
selected the victim primarily because of the defendant's bias or
prejudice against a group, the court> shall make an affirmative
finding of <that> fact and enter the affirmative finding in the
judgment of the <that> case if, at the guilt or innocence phase of
the trial, the judge or the jury, whichever is the trier of fact,
determines beyond a reasonable doubt that the defendant:
(1) acted with the intention of furthering the
ideology or goals of an organized hate group;
(2) acted with the intention of harassing,
intimidating, or threatening a person because of a characteristic
of that person; or
(3) 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 the defendant's bias
or prejudice against an identifiable group.
SECTION 1.03. Section 13A, Article 42.12, Code of Criminal
Procedure, is amended to read as follows:
Sec. 13A. COMMUNITY SUPERVISION FOR OFFENSE COMMITTED TO
FURTHER IDEOLOGY OR INTIMIDATE OR BECAUSE OF BIAS OR PREJUDICE. (a)
A court granting community supervision to a defendant convicted of
an offense for which the court has made an affirmative finding
under Article 42.014 of this code shall require as a term of
community supervision that the defendant attend a program
established to foster tolerance and the acceptance of others and:
(1) serve a term of not more than one year
imprisonment in the institutional division of the Texas Department
of Criminal Justice if the offense is a felony other than an
offense under Section 19.02, Penal Code; or
(2) serve a term of not more than 90 days confinement
in jail if the offense is a misdemeanor.
(b) The court may not grant community supervision on its own
motion or on the recommendation of the jury to a defendant
convicted of an offense for which the court has made an affirmative
finding under Article 42.014 of this code if:
(1) the offense is murder under Section 19.02, Penal
Code; or
(2) the defendant has been previously convicted of an
offense for which the court made an affirmative finding under
Article 42.014 of this code.
SECTION 1.04. Subchapter F, Chapter 508, Government Code, is
amended by adding Section 508.192 to read as follows:
Sec. 508.192. CONDITION RELATED TO OFFENSE COMMITTED TO
FURTHER IDEOLOGY OR INTIMIDATE OR BECAUSE OF BIAS OR PREJUDICE. A
parole panel shall require as a condition of parole or mandatory
supervision that a releasee serving a sentence for an offense the
judgment for which contains an affirmative finding under Article
42.014, Code of Criminal Procedure, attend a program established to
foster tolerance and the acceptance of others.
SECTION 1.05. (a) The change in the law made by this article
applies only to an offense committed on or after the effective date
of this Act. For purposes of this section, an offense is committed
before the effective date of this Act if any element of the offense
occurs before the effective date.
(b) An offense committed before the effective date of this
Act is covered by the law in effect when the offense was committed,
and the former law is continued in effect for that purpose.
ARTICLE 2
SECTION 2.01. Article 104.004, Code of Criminal Procedure, is
amended to read as follows:
Art. 104.004. EXTRAORDINARY COSTS OF PROSECUTION. (a) The
criminal justice division of the governor's office may distribute
money appropriated by the legislature for the purposes of this
article <this purpose.>
<(b) A county is eligible to apply to the division for a
distribution of money under this article if, during the preceding
fiscal year:>
<(1) the total amount of expenditures of the county
exceeded the total amount of funds received by the county from all
sources and the county incurred expenses for the investigation or
prosecution of an offense under Section 19.03, Penal Code; or>
<(2) the total amount of funds received by the county
from all sources exceeded the total amount of expenditures of the
county and the county incurred expenses for the investigation or
prosecution of an offense under Section 19.03, Penal Code, that
exceed five percent of the amount of that excess.>
<(c) The commissioners court must submit with an application
under Subsection (b) a financial statement of the county that shows
for the fiscal year for which application is made:>
<(1) the total amount of funds received by the county
from all sources;>
<(2) the total amount of expenditures of the county;
and>
<(3) the total amount of expenses incurred by the
county for the investigation or prosecution of an offense under
Section 19.03, Penal Code.>
<(d) The division may distribute money under this article
only> to a <an eligible> county for the reimbursement of expenses
incurred by the county during the fiscal year during <for> which
application is made or the fiscal year preceding the year during
which application is made for the investigation or prosecution of
an offense under Section 19.03, Penal Code, or an offense under the
Penal Code alleged by the attorney representing the state to have
been committed for a purpose or reason described by Article
42.014<. The amount of the reimbursement to a county eligible
under Subsection (b)(2) may not exceed an amount equal to five
percent of the difference between the total amount of funds
received by the county and the total amount of expenditures of the
county during the fiscal year for which application is made>.
(b) <(e)> For each fiscal year, the division shall
distribute at least 50 percent of the money distributed under this
article during that year to <eligible> counties with a population
of less than 50,000, except that if the total distributions applied
for by those counties is less than 50 percent of the money
distributed during that year, the division is only required to
distribute to those counties the amount of money for which
applications have been made.
(c) <(f)> The division may adopt a budget and rules for the
distribution of money under this article.
(d) <(g)> All money distributed to a county under this
article <subchapter> and its expenditure by the county are subject
to audit by the state auditor.
ARTICLE 3
SECTION 3.01. Chapter 6, Code of Criminal Procedure, is
amended by adding Article 6.08 to read as follows:
Art. 6.08. PROTECTIVE ORDER PROHIBITING OFFENSE COMMITTED TO
FURTHER IDEOLOGY OR INTIMIDATE OR BECAUSE OF BIAS OR PREJUDICE.
(a) At any proceeding in which the defendant appears in
constitutional county court, statutory county court, or district
court that is related to an offense under Title 5, Penal Code, or
Section 28.02, 28.03, or 28.08, Penal Code, in which it is alleged
that the defendant committed the offense for a purpose or reason
described by Article 42.014, a prosecuting attorney or the victim
may request the court to render a protective order under Title 4,
Family Code, for the protection of the victim.
(b) The court shall render a protective order in the manner
provided by Title 4, Family Code, if, in lieu of the finding that
family violence occurred and is likely to occur in the future as
required by Section 85.001, Family Code, the court finds that
probable cause exists to believe that an offense under Title 5,
Penal Code, or Section 28.02, 28.03, or 28.08, Penal Code,
occurred, that the defendant committed the offense for a purpose or
reason described by Article 42.014, and that the nature of the
scheme or course of conduct engaged in by the defendant in the
commission of the offense indicates that the defendant is likely to
engage in the future in conduct prohibited by Title 5, Penal Code,
or Section 28.02, 28.03, or 28.08, Penal Code, and committed for a
purpose or reason described by Article 42.014.
(c) The procedure for the enforcement of a protective order
under Title 4, Family Code, applies to the fullest extent
practicable to the enforcement of a protective order under this
article, including provisions relating to findings, contents,
duration, warning, delivery, law enforcement duties, and
modification, except that:
(1) the printed statement on the warning must refer to
the prosecution of subsequent offenses committed for a purpose or
reason described by Article 42.014;
(2) the court shall require a constable to serve a
protective order issued under this article; and
(3) the clerk of the court shall forward a copy of a
protective order issued under this article to the Department of
Public Safety with a designation indicating that the order was
issued to prevent offenses committed for a purpose or reason
described by Article 42.014.
SECTION 3.02. Chapter 25, Penal Code, is amended by adding
Section 25.071 to read as follows:
Sec. 25.071. VIOLATION OF PROTECTIVE ORDER PREVENTING
OFFENSE COMMITTED TO FURTHER IDEOLOGY OR INTIMIDATE OR BECAUSE OF
BIAS OR PREJUDICE. (a) A person commits an offense if, in
violation of an order issued under Article 6.08, Code of Criminal
Procedure, the person knowingly or intentionally:
(1) commits an offense under Title 5 or Section 28.02,
28.03, or 28.08 and commits the offense for a purpose or reason
described by Article 42.014, Code of Criminal Procedure;
(2) communicates:
(A) directly with a protected individual in a
threatening or harassing manner;
(B) a threat through any person to a protected
individual; or
(C) in any manner with the protected individual,
if the order prohibits any communication with a protected
individual; or
(3) goes to or near the residence or place of
employment or business of a protected individual.
(b) If conduct constituting an offense under this section
also constitutes an offense under another section of this code, the
actor may be prosecuted under either section or under both
sections.
(c) A peace officer investigating conduct that may
constitute an offense under this section for a violation of an
order may not arrest a person protected by that order for a
violation of that order.
(d) An offense under this section is a Class A misdemeanor
unless it is shown on the trial of the offense that the defendant
has previously been convicted under this section two or more times
or has violated the protective order by committing an assault, in
which event the offense is a third degree felony.
ARTICLE 4
SECTION 4.01. Chapter 2, Code of Criminal Procedure, is
amended by adding Article 2.211 to read as follows:
Art. 2.211. HATE CRIME REPORTING. In addition to performing
duties required by Article 2.21, a clerk of a district or county
court in which an affirmative finding under Article 42.014 is
requested shall report that request to the Texas Judicial Council,
along with a statement as to whether the request was granted by the
court and, if so, whether the affirmative finding was entered in
the judgment in the case. The clerk shall make the report required
by this article not later than the 30th day after the date the
judgment is entered in the case.
SECTION 4.02. Section 71.034, Government Code, is amended by
adding Subsection (e) to read as follows:
(e) In addition to the information described by Subsection
(a), the council shall include in the report a summary of
information provided to the council during the preceding year under
Article 2.211, Code of Criminal Procedure.
ARTICLE 5
SECTION 5.01. This Act takes effect September 1, 2001.