SRC-JBJ S.B. 87 77(R) BILL ANALYSIS
Senate Research Center S.B. 87
77R1397 GWK-DBy: Ellis
Criminal Justice
2/5/2001
As Filed
DIGEST AND PURPOSE
Hate crimes are acts committed primarily because of the actor's bias or
prejudice against the victim. Even though hate crimes are not always
reported and some counties do not keep such statistics, not fewer than
2,300 hate crimes were reported in Texas between 1992 and 1997. As
proposed, S.B. 87 enhances penalties for crimes motivated by hate,
prejudice, or bias and provides the means for obtaining resources and
assistance for the investigation and prosecution of hate crimes.
RULEMAKING AUTHORITY
Rulemaking authority is expressly granted to the criminal justice division
of the governor's office in ARTICLE 2, SECTION 2.01 (Article 104.005, Code
of Criminal Procedure) of this bill.
SECTION BY SECTION ANALYSIS
ARTICLE 1
SECTION 1.01. Amends Section 12.47, Penal Code, as follows:
(a) Provides 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 (Finding that Offense was
Committed Because of Bias or Prejudice), Code of Criminal Procedure, shows
that the defendant intentionally selected the victim because the victim was
disabled.
(b) Authorizes the attorney general, if requested to do so 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 the prosecution of 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, in the punishment phase of the trial of an offense under Title 5
or Section 28.02 or 28.03 (Offenses Against the Person, Arson; Criminal
Mischief), 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 the race, color, disability,
religion, national origin or ancestry, or sexual orientation of the person
against whom the offense was committed or the owner or the occupant of the
property, to make an affirmative finding of that fact and enter the
affirmative finding in the judgment of that case. Deletes existing text
pertaining to defendant's bias or prejudice. Makes a nonsubstantive
change.
SECTION 1.03. Makes application of this article of this Act, prospective.
ARTICLE 2
SECTION 2.01. Amends Chapter 104, Code of Criminal Procedure, by adding
Article 104.005, as follows:
Art. 104.005. EXTRAORDINARY PROSECUTION COSTS. (a) Requires the criminal
justice division of the governor's office (division) to distribute grants
as provided by this article.
(b) 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 expenditures of the county exceed the total
amount of funds received by the county from all sources and the county
incurred expenses for the investigation or prosecution of certain offenses;
or
_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
described by Subsection (b)(1) that exceed five percent of the amount of
that excess.
(c) Requires the commissioners court to submit with an application under
Subsection (b) a financial statement of the county that shows for the
fiscal year for which application is made:
_the total amount of funds received by the county from all sources;
_the total amount of expenditure of the county; and
_the total amount of expenses incurred by the county for the
investigation or prosecution of an offense described by Subsection (b)(1).
(d) Authorizes the division to make a grant under this article only to an
eligible county for the reimbursement of expenses incurred by the county
during the fiscal year for which application is made for the investigation
or prosecution of an offense described by Subsection (b)(1). Prohibits the
amount of the grant to a county eligible under Subsection (b)(2) from
exceeding 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.
(e) 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.
(f) Prohibits a county from making an application under this article and
Article 104.004 for reimbursement for expenses incurred in the same fiscal
year.
SECTION 2.02. Authorizes the commissioners court of a county to apply to
the division for a grant, as provided by Article 104.005, Code of Criminal
Procedure, as added by this Act, on or after September 1, 2001.
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 the individual's race, color, disability, religion, national origin
or ancestry, or sexual orientation; or
_another person perceives the individual to have one or more of the
characteristics listed under Subsection (1).
Sec. 140.003. ACTION BY INDIVIDUAL. (a) Authorizes an individual whose
exercise or enjoyment of the right 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, to commence, in the individual's own name, an
action for:
_damages to the individual arising from the actions of the defendant
in violating the peaceable exercise or enjoyment by the individual of the
right secured by Section 140.002;
_exemplary damages as provided under Chapter 41; and
_injunctive relief or any other appropriate relief to protect the
peaceable exercise or enjoyment of the right secured by Section 140.002.
(b) 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 the attorney
general, a district attorney, a criminal district attorney, a county
attorney, or a municipal attorney 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. (a) Prohibits an action under this chapter
from being based solely on the content of the speech of the defendant
unless it is shown that:
_the speech itself threatens violence against a specific individual or
group of individuals;
_the individual or group against whom the threat is directed
reasonably fears that, because of the content of the speech, violence will
be committed against the individual or the group, or the property of the
individual or group; and
_the defendant threatening violence had the apparent ability to carry
out the threat.
(b) Prohibits a court from issuing an order under this chapter that
restricts the content of any defendant's speech.
(c) Authorizes the court to issue an order that restricts the time, place,
or manner or the defendant's speech only to the extent:
_reasonably necessary to protect the peaceable exercise or enjoyment
by an individual of the right secured by Section 140.002; and
_consistent with the constitutional rights of the defendant.
Sec. 140.006. FORUM. Authorizes an action under this chapter to be brought
in a district or county court.
Sec. 140.007. ENFORCEMENT. Provides that an order issued under this chapter
is enforceable by contempt, prosecution under Section 22.12, Penal Code, or
both.
Sec. 140.008. WARNING. Requires an order for temporary or permanent relief
under this chapter to include a certain statement.
Sec. 140.009. NOTIFICATION OF LAW ENFORCEMENT AGENCIES. (a) Requires a
court that issues an order for temporary or permanent relief under this
chapter to order the claimant or the attorney for the claimant 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:
_each local law enforcement agency designated by the claimant or the
attorney for the claimant as having jurisdiction over the residence of the
claimant; and
_any other location in which the court determines that hateful acts
against the claimant are likely to occur.
(b) Requires a law enforcement agency that receives an order under this
section to serve a copy on the defendant, and provide to any law
enforcement officer responding to the scene of a reported hateful act
against the claimant information relating to the existence of, terms of,
and current status of the order.
(c) Provides that, in this section, "order" includes any extension,
modification, or termination of the order.
Sec. 140.010. INDEPENDENT REMEDY. Provides 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 22.12, as
follows:
Sec. 22.12. VIOLATION OF ORDER ENJOINING HATEFUL ACTS. (a) Provides that a
person commits an offense if, in violation of an order for temporary or
permanent injunctive relief issued under Chapter 140, Civil Practice and
Remedies Code, the person knowingly violates the order.
(b) Provides that an offense under this section is a Class B 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, in which
event the offense is a Class A misdemeanor.
SECTION 3.03. Makes application of Chapter 140, Civil Practice and Remedies
Code, as added by this Act, prospective.
ARTICLE 4
SECTION 4.01. Effective date: September 1, 2001.