By Thompson, Haggerty, Gallego, Sadler,                H.B. No. 587
                                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 civil and criminal
 1-4     remedies for and 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.  PENALTY IF OFFENSE COMMITTED BECAUSE OF BIAS OR
1-10     PREJUDICE.  (a)  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, is made in the [punishment
1-13     phase of the] trial of an offense other than a first degree felony
1-14     or a Class A misdemeanor, the punishment for the offense is
1-15     increased to the punishment prescribed for the next highest
1-16     category of offense.  If the offense is a Class A misdemeanor, the
1-17     minimum term of confinement for the offense is increased to 180
1-18     days. This section does not apply to the trial of an offense of
1-19     injury to a disabled individual under Section 22.04, if the
1-20     affirmative finding in the case under Article 42.014, Code of
1-21     Criminal Procedure, shows that the defendant intentionally selected
1-22     the victim because the victim 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
1-25     investigation or prosecution of an offense committed because of
 2-1     bias or prejudice.  The attorney general shall designate one
 2-2     individual in the division of the attorney general's office that
 2-3     assists in the prosecution of criminal cases to coordinate
 2-4     responses to requests made under this subsection.
 2-5           SECTION 1.02.  Article 42.014, Code of Criminal Procedure, is
 2-6     amended to read as follows:
 2-7           Art. 42.014.  FINDING THAT OFFENSE WAS COMMITTED BECAUSE OF
 2-8     BIAS OR PREJUDICE. (a)  In the [punishment phase of the] trial of
 2-9     an offense under Title 5, Penal Code, or Section 28.02, 28.03, or
2-10     28.08, [the] Penal Code, the judge [if the court determines that
2-11     the defendant intentionally selected the victim primarily because
2-12     of the defendant's bias or prejudice against a group, the court]
2-13     shall make an affirmative finding of [that] fact and enter the
2-14     affirmative finding in the judgment of the [that] case if at the
2-15     guilt or innocence phase of the trial, the judge or the jury,
2-16     whichever is the trier of fact, determines beyond a reasonable
2-17     doubt that the defendant intentionally selected the person against
2-18     whom the offense was committed or intentionally selected property
2-19     damaged or affected as a result of the offense because of the
2-20     defendant's bias or prejudice against a group identified by race,
2-21     color, disability, religion, national origin or ancestry, age,
2-22     gender, or sexual preference.
2-23           (b)  In this article, "sexual preference" has the following
2-24     meaning only:  a preference for heterosexuality, homosexuality, or
2-25     bisexuality.
2-26           SECTION 1.03.  (a)  The change in the law made by this
2-27     article applies only to an offense committed on or after the
 3-1     effective date of this Act.  For purposes of this section, an
 3-2     offense is committed before the effective date of this Act if any
 3-3     element of the offense occurs before the effective date.
 3-4           (b)  An offense committed before the effective date of this
 3-5     Act is covered by the law in effect when the offense was committed,
 3-6     and the former law is continued in effect for that purpose.
 3-7                                  ARTICLE 2
 3-8           SECTION 2.01.  Chapter 104, Code of Criminal Procedure, is
 3-9     amended by adding Article 104.005 to read as follows:
3-10           Art. 104.005.  EXTRAORDINARY PROSECUTION COSTS. (a)  The
3-11     criminal justice division of the governor's office shall distribute
3-12     grants as provided by this article.
3-13           (b)  A county with a population of less than 125,000 is
3-14     eligible to apply to the division for a grant under this article
3-15     if, during the preceding fiscal year:
3-16                 (1)  the total amount of expenditures of the county
3-17     exceeded the total amount of funds received by the county from all
3-18     sources and the county incurred expenses for the investigation or
3-19     prosecution of an offense alleged by the attorney representing the
3-20     state to have been committed because of bias or prejudice as
3-21     described by Article 42.014; or
3-22                 (2)  the total amount of funds received by the county
3-23     from all sources exceeded the total amount of expenditures of the
3-24     county and the county incurred expenses for the investigation or
3-25     prosecution of an offense described by Subdivision (1) that exceed
3-26     five percent of the amount of that excess.
3-27           (c)  The commissioners court must submit with an application
 4-1     under Subsection (b) a financial statement of the county that shows
 4-2     for the fiscal year for which application is made:
 4-3                 (1)  the total amount of funds received by the county
 4-4     from all sources;
 4-5                 (2)  the total amount of expenditures of the county;
 4-6     and
 4-7                 (3)  the total amount of expenses incurred by the
 4-8     county for the investigation or prosecution of an offense described
 4-9     by Subsection (b)(1).
4-10           (d)  The division may make a grant under this article only to
4-11     an eligible county for the reimbursement of expenses incurred by
4-12     the county during the fiscal year for which application is made for
4-13     the investigation or prosecution of an offense described by
4-14     Subsection (b)(1).  The amount of the grant to a county eligible
4-15     under Subsection (b)(2) may not exceed an amount equal to five
4-16     percent of the difference between the total amount of funds
4-17     received by the county and the total amount of expenditures of the
4-18     county during the fiscal year for which application is made.
4-19           (e)  The division may adopt a budget and rules for the making
4-20     of grants under this article. All grants made to a county under
4-21     this article and its expenditure by the county are subject to audit
4-22     by the state auditor.
4-23           SECTION 2.02.  The commissioners court of a county may apply
4-24     to the criminal justice division of the governor's office for a
4-25     grant, as provided by Article 104.005, Code of Criminal Procedure,
4-26     as added by this article, on or after September 1, 2001.
4-27                                  ARTICLE 3
 5-1           SECTION 3.01.  Title 6, Civil Practice and Remedies Code, is
 5-2     amended by adding Chapter 140 to read as follows:
 5-3                 CHAPTER 140.  REMEDIES FOR AND PROTECTIONS
 5-4                            AGAINST HATEFUL ACTS
 5-5           Sec. 140.001.  DEFINITIONS.  In this chapter:
 5-6                 (1)  "Claimant" means a party seeking the relief
 5-7     provided by this chapter, including a plaintiff, counterclaimant,
 5-8     cross-claimant, or third-party plaintiff.
 5-9                 (2)  "Defendant" includes any party from whom a
5-10     claimant seeks relief under this chapter.
5-11                 (3)  "Sexual preference" has the meaning assigned by
5-12     Article 42.014(b), Code of Criminal Procedure.
5-13           Sec. 140.002.  RIGHT TO BE FREE FROM HATEFUL ACTS.  A person
5-14     in this state has the right to be free from an act of violence
5-15     committed against the person or the person's property because of
5-16     the person's race, color, disability, religion, national origin or
5-17     ancestry, age, gender, or sexual preference.
5-18           Sec. 140.003.  ACTION BY PERSON.  (a)  A person whose
5-19     exercise or enjoyment of the right secured by Section 140.002 is
5-20     intentionally violated by another person may commence in the
5-21     person's own name an action for:
5-22                 (1)  damages to the person arising from the intentional
5-23     actions of the defendant in violating the exercise or enjoyment by
5-24     the person of the right secured by Section 140.002;
5-25                 (2)  exemplary damages as provided by Chapter 41; and
5-26                 (3)  injunctive relief or any other appropriate relief
5-27     to protect the exercise or enjoyment of the right secured by
 6-1     Section 140.002.
 6-2           (b)  A court shall award a party who prevails in an action
 6-3     under this section reasonable attorney's fees in bringing or
 6-4     defending the action.
 6-5           Sec. 140.004.  INDEPENDENT REMEDY.  An action under this
 6-6     chapter is independent of any other remedy or procedure that may be
 6-7     available to the claimant.
 6-8           SECTION 3.02.  Chapter 140, Civil Practice and Remedies Code,
 6-9     as added by this article, applies only to a cause of action that
6-10     accrues on or after the effective date of this Act.  An action that
6-11     accrued before the effective date of this Act is governed by the
6-12     law applicable to the action immediately before the effective date
6-13     of this Act, and that law is continued in effect for that purpose.
6-14                                  ARTICLE 4
6-15           SECTION 4.01. Chapter 6, Code of Criminal Procedure, is
6-16     amended by adding Article 6.08 to read as follows:
6-17           Art. 6.08.  PROTECTIVE ORDER PROHIBITING OFFENSE CAUSED BY
6-18     BIAS OR PREJUDICE.  (a)  At any proceeding in which the defendant
6-19     appears in constitutional county court, statutory county court, or
6-20     district court that is related to an offense under Title 5, Penal
6-21     Code, or Section 28.02, 28.03, or 28.08, Penal Code, in which it is
6-22     alleged that the defendant committed the offense because of bias or
6-23     prejudice as described by Article 42.014, a person may request the
6-24     court to render a protective order under Title 4, Family Code, for
6-25     the protection of the person.
6-26           (b)  The court shall render a protective order in the manner
6-27     provided by Title 4, Family Code, if, in lieu of the finding that
 7-1     family violence occurred and is likely to occur in the future as
 7-2     required by Section 85.001, Family Code, the court finds that
 7-3     probable cause exists to believe that an offense under Title 5,
 7-4     Penal Code, or Section 28.02, 28.03, or 28.08, Penal Code,
 7-5     occurred, that the defendant committed the offense because of bias
 7-6     or prejudice, and that the nature of the scheme or course of
 7-7     conduct engaged in by the defendant in the commission of the
 7-8     offense indicates that the defendant is likely to engage in the
 7-9     future in conduct prohibited by Title 5, Penal Code, or Section
7-10     28.02, 28.03, or 28.08, Penal Code, and committed because of bias
7-11     or prejudice.
7-12           (c)  The procedure for the enforcement of a protective order
7-13     under Title 4, Family Code, applies to the fullest extent
7-14     practicable to the enforcement of a protective order under this
7-15     article, including provisions relating to findings, contents,
7-16     duration, warning, delivery, law enforcement duties, and
7-17     modification, except that:
7-18                 (1)  the printed statement on the warning must refer to
7-19     the prosecution of subsequent offenses committed because of bias or
7-20     prejudice;
7-21                 (2)  the court shall require a constable to serve a
7-22     protective order issued under this article; and
7-23                 (3)  the clerk of the court shall forward a copy of a
7-24     protective order issued under this article to the Department of
7-25     Public Safety with a designation indicating that the order was
7-26     issued to prevent offenses committed because of bias or prejudice.
7-27           (d)  For an original or modified protective order rendered
 8-1     under this article, on receipt of the order from the clerk of the
 8-2     court, a law enforcement agency shall immediately, but not later
 8-3     than the 10th day after the date the order is received, enter the
 8-4     information required by Section 411.042(b)(6), Government Code,
 8-5     into the statewide law enforcement information system maintained by
 8-6     the Department of Public Safety.
 8-7           SECTION 4.02. Chapter 25, Penal Code, is amended by adding
 8-8     Section 25.071 to read as follows:
 8-9           Sec. 25.071.  VIOLATION OF PROTECTIVE ORDER PREVENTING
8-10     OFFENSE CAUSED BY BIAS OR PREJUDICE. (a)  A person commits an
8-11     offense if, in violation of an order issued under Article 6.08,
8-12     Code of Criminal Procedure, the person knowingly or intentionally:
8-13                 (1)  commits an offense under Title 5 or Section 28.02,
8-14     28.03, or 28.08 and commits the offense because of bias or
8-15     prejudice as described by Article 42.014, Code of Criminal
8-16     Procedure;
8-17                 (2)  communicates:
8-18                       (A)  directly with a protected individual in a
8-19     threatening or harassing manner;
8-20                       (B)  a threat through any person to a protected
8-21     individual; or
8-22                       (C)  in any manner with the protected individual,
8-23     if the order prohibits any communication with a protected
8-24     individual; or
8-25                 (3)  goes to or near the residence or place of
8-26     employment or business of a protected individual.
8-27           (b)  If conduct constituting an offense under this section
 9-1     also constitutes an offense under another section of this code, the
 9-2     actor may be prosecuted under either section or under both
 9-3     sections.
 9-4           (c)  A peace officer investigating conduct that may
 9-5     constitute an offense under this section for a violation of an
 9-6     order may not arrest a person protected by that order for a
 9-7     violation of that order.
 9-8           (d)  An offense under this section is a Class A misdemeanor
 9-9     unless it is shown on the trial of the offense that the defendant
9-10     has previously been convicted under this section two or more times
9-11     or has violated the protective order by committing an assault, in
9-12     which event the offense is a third degree felony.
9-13                                  ARTICLE 5
9-14           SECTION 5.01.  Chapter 2, Code of Criminal Procedure, is
9-15     amended by adding Article 2.211 to read as follows:
9-16           Art. 2.211.  HATE CRIME REPORTING. In addition to performing
9-17     duties required by Article 2.21, a clerk of a district or county
9-18     court in which an affirmative finding under Article 42.014 is
9-19     requested shall report that request to the Texas Judicial Council,
9-20     along with a statement as to whether the request was granted by the
9-21     court and, if so, whether the affirmative finding was entered in
9-22     the judgment in the case. The clerk shall make the report required
9-23     by this article not later than the 30th day after the date the
9-24     judgment is entered in the case.
9-25           SECTION 5.02.  Section 71.034, Government Code, is amended by
9-26     adding Subsection (e) to read as follows:
9-27           (e)  In addition to the information described by Subsection
 10-1    (a), the council shall include in the report a summary of
 10-2    information provided to the council during the preceding year under
 10-3    Article 2.211, Code of Criminal Procedure.
 10-4                                 ARTICLE 6
 10-5          SECTION 6.01.  (a)  This Act does not create any legal status
 10-6    or right not already existent in statute or common law for a group
 10-7    or a member of a group described by Article 42.014(a), Code of
 10-8    Criminal Procedure, as amended by this Act, and Section 140.002,
 10-9    Civil Practice and Remedies Code, as added by this Act.
10-10          (b)  This Act shall be used only to protect individuals from
10-11    being targets of hateful acts of violence simply because those
10-12    individuals are members of a group described by Article 42.014(a),
10-13    Code of Criminal Procedure, as amended by this Act, and Section
10-14    140.002, Civil Practice and Remedies Code, as added by this Act.
10-15                                 ARTICLE 7
10-16          SECTION 7.01.  This Act takes effect September 1, 2001.