77R7869 GWK-D                           
         By Thompson, Haggerty, Gallego, Sadler,                H.B. No. 587
            Danburg, et al.
         Substitute the following for H.B. No. 587:
         By Thompson                                        C.S.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
 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, Penal Code, or Section 28.02, 28.03, or
2-11     28.08, [the] Penal Code, the judge [if the court determines that
2-12     the defendant intentionally selected the victim primarily because
2-13     of the defendant's bias or prejudice against a group, the court]
2-14     shall make an affirmative finding of [that] fact and enter the
2-15     affirmative finding in the judgment of the [that] case if at the
2-16     guilt or innocence phase of the trial, the judge or the jury,
2-17     whichever is the trier of fact, determines beyond a reasonable
2-18     doubt that the defendant intentionally selected the person against
2-19     whom the offense was committed or intentionally selected property
2-20     damaged or affected as a result of the offense because of the
2-21     defendant's bias or prejudice against a group identified by race,
2-22     color, disability, religion, national origin or ancestry, age,
2-23     gender, or sexual orientation.
2-24           SECTION 1.03.  (a)  The change in the law made by this
2-25     article applies only to an offense committed on or after the
2-26     effective date of this Act.  For purposes of this section, an
2-27     offense is committed before the effective date of this Act if any
 3-1     element of the offense occurs before the effective date.
 3-2           (b)  An offense committed before the effective date of this
 3-3     Act is covered by the law in effect when the offense was committed,
 3-4     and the former law is continued in effect for that purpose.
 3-5                                  ARTICLE 2
 3-6           SECTION 2.01.  Chapter 104, Code of Criminal Procedure, is
 3-7     amended by adding Article 104.005 to read as follows:
 3-8           Art. 104.005.  EXTRAORDINARY PROSECUTION COSTS. (a)  The
 3-9     criminal justice division of the governor's office shall distribute
3-10     grants as provided by this article.
3-11           (b)  A county with a population of less than 125,000 is
3-12     eligible to apply to the division for a grant under this article
3-13     if, during the preceding fiscal year:
3-14                 (1)  the total amount of expenditures of the county
3-15     exceeded the total amount of funds received by the county from all
3-16     sources and the county incurred expenses for the investigation or
3-17     prosecution of an offense 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 Subdivision (1) that exceed
3-24     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 104.005, Code of Criminal Procedure,
4-24     as added by this article, on or after September 1, 2001.
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, age, gender, or sexual
5-15     orientation; or
5-16                 (2)  another person perceives the individual to have
5-17     one or more of the characteristics listed under Subdivision (1).
5-18           Sec. 140.003.  ACTION BY INDIVIDUAL.  (a)  An individual
5-19     whose exercise or enjoyment of the right secured by Section 140.002
5-20     is interfered with by a person,  by threat, intimidation, or
5-21     coercion, or by an attempt to interfere by threat, intimidation, or
5-22     coercion, may commence, in the individual's own name, an action
5-23     for:
5-24                 (1)  damages to the individual arising from the actions
5-25     of the defendant in violating the peaceable exercise or enjoyment
5-26     by the individual of the right secured by Section 140.002;
5-27                 (2)  exemplary damages as provided under Chapter 41;
 6-1     and
 6-2                 (3)  injunctive relief or any other appropriate relief
 6-3     to protect the peaceable exercise or enjoyment of the right secured
 6-4     by Section 140.002.
 6-5           (b)  A court shall award a claimant who prevails in an action
 6-6     under this chapter reasonable attorney's fees incurred in bringing
 6-7     the action.
 6-8           Sec. 140.004.  CONTENT OF SPEECH.  (a)  An action under this
 6-9     chapter may not be based solely on the content of the speech of the
6-10     defendant unless it is shown that:
6-11                 (1)  the speech itself threatens violence against a
6-12     specific individual or group of individuals;
6-13                 (2)  the individual or group against whom the threat is
6-14     directed reasonably fears that, because of the content of the
6-15     speech, violence will be committed against the individual or the
6-16     group or the property of the individual or group; and
6-17                 (3)  the defendant threatening violence had the
6-18     apparent ability to carry out the threat.
6-19           (b)  A court may not issue an order under this chapter that
6-20     restricts the content of any defendant's speech.
6-21           (c)  The court may issue an order that restricts the time,
6-22     place, or manner of the defendant's speech only to the extent:
6-23                 (1)  reasonably necessary to protect the peaceable
6-24     exercise or enjoyment by an individual of the right secured by
6-25     Section 140.002; and
6-26                 (2)  consistent with the constitutional rights of the
6-27     defendant.
 7-1           Sec. 140.005.  FORUM.  An action under this chapter may be
 7-2     brought in a district or county court.
 7-3           Sec. 140.006.  ENFORCEMENT.  An order issued under this
 7-4     chapter is enforceable by contempt, prosecution under Section
 7-5     22.12, Penal Code, or both.
 7-6           Sec. 140.007.  WARNING.   An order for temporary or permanent
 7-7     relief under this chapter must include the following statement:
 7-8     "A VIOLATION OF THIS ORDER BY COMMISSION OF AN ACT PROHIBITED BY
 7-9     THIS ORDER MAY BE PUNISHABLE BY A FINE OF AS MUCH AS $4,000 OR BY
7-10     CONFINEMENT IN JAIL FOR AS LONG AS ONE YEAR, OR BOTH."
7-11           Sec. 140.008.  NOTIFICATION OF LAW ENFORCEMENT AGENCIES.  (a)
7-12     A court that issues an order for temporary or permanent relief
7-13     under this chapter shall order the claimant or the attorney for the
7-14     claimant to deliver, or the clerk of the court to mail, two copies
7-15     of the order before the end of the day on which the order was
7-16     granted to:
7-17                 (1)  each local law enforcement agency designated by
7-18     the claimant or the attorney for the claimant as having
7-19     jurisdiction over the residence of the claimant; and
7-20                 (2)  any other location in which the court determines
7-21     that hateful acts against the claimant are likely to occur.
7-22           (b)  A law enforcement agency that receives an order under
7-23     this section shall:
7-24                 (1)  serve a copy on the defendant; and
7-25                 (2)  provide to any law enforcement officer responding
7-26     to the scene of a reported hateful act against the claimant
7-27     information relating to the existence of, terms of, and current
 8-1     status of the order.
 8-2           (c)  In this section, "order" includes any extension,
 8-3     modification, or termination of the order.
 8-4           (d)  The court shall require a constable to serve an order
 8-5     issued under this section.
 8-6           Sec. 140.009.  INDEPENDENT REMEDY.  An action under this
 8-7     chapter is independent of any other remedy or procedure that may be
 8-8     available to the claimant.
 8-9           SECTION 3.02.  Chapter 22, Penal Code, is amended by adding
8-10     Section 22.12 to read as follows:
8-11           Sec. 22.12.  VIOLATION OF ORDER ENJOINING HATEFUL ACTS.  (a)
8-12     A person commits an offense if, in violation of an order for
8-13     temporary or permanent injunctive relief issued under Chapter 140,
8-14     Civil Practice and Remedies Code, the person knowingly violates the
8-15     order.
8-16           (b)  An offense under this section is a Class B misdemeanor
8-17     unless it is shown on the trial of the offense that the defendant
8-18     has previously been convicted under this section two or more times,
8-19     in which event the offense is a Class A misdemeanor.
8-20           SECTION 3.03.  Chapter 140, Civil Practice and Remedies Code,
8-21     as added by this article, applies only to a cause of action that
8-22     accrues on or after the effective date of this Act.  An action that
8-23     accrued before the effective date of this Act is governed by the
8-24     law applicable to the action immediately before the effective date
8-25     of this Act, and that law is continued in effect for that purpose. 
8-26                                  ARTICLE 4
8-27           SECTION 4.01. Chapter 6, Code of Criminal Procedure, is
 9-1     amended by adding Article 6.08 to read as follows:
 9-2           Art. 6.08.  PROTECTIVE ORDER PROHIBITING OFFENSE CAUSED BY
 9-3     BIAS OR PREJUDICE.  (a)  At any proceeding in which the defendant
 9-4     appears in constitutional county court, statutory county court, or
 9-5     district court that is related to an offense under Title 5, Penal
 9-6     Code, or Section 28.02, 28.03, or 28.08, Penal Code, in which it is
 9-7     alleged that the defendant committed the offense because of bias or
 9-8     prejudice as described by Article 42.014, a person may request the
 9-9     court to render a protective order under Title 4, Family Code, for
9-10     the protection of the person.
9-11           (b)  The court shall render a protective order in the manner
9-12     provided by Title 4, Family Code, if, in lieu of the finding that
9-13     family violence occurred and is likely to occur in the future as
9-14     required by Section 85.001, Family Code, the court finds that
9-15     probable cause exists to believe that an offense under Title 5,
9-16     Penal Code, or Section 28.02, 28.03, or 28.08, Penal Code,
9-17     occurred, that the defendant committed the offense because of bias
9-18     or prejudice, and that the nature of the scheme or course of
9-19     conduct engaged in by the defendant in the commission of the
9-20     offense indicates that the defendant is likely to engage in the
9-21     future in conduct prohibited by Title 5, Penal Code, or Section
9-22     28.02, 28.03, or 28.08, Penal Code, and committed because of bias
9-23     or prejudice.
9-24           (c)  The procedure for the enforcement of a protective order
9-25     under Title 4, Family Code, applies to the fullest extent
9-26     practicable to the enforcement of a protective order under this
9-27     article, including provisions relating to findings, contents,
 10-1    duration, warning, delivery, law enforcement duties, and
 10-2    modification, except that:
 10-3                (1)  the printed statement on the warning must refer to
 10-4    the prosecution of subsequent offenses committed because of bias or
 10-5    prejudice;
 10-6                (2)  the court shall require a constable to serve a
 10-7    protective order issued under this article; and
 10-8                (3)  the clerk of the court shall forward a copy of a
 10-9    protective order issued under this article to the Department of
10-10    Public Safety with a designation indicating that the order was
10-11    issued to prevent offenses committed because of bias or prejudice.
10-12          (d)  For an original or modified protective order rendered
10-13    under this article, on receipt of the order from the clerk of the
10-14    court, a law enforcement agency shall immediately, but not later
10-15    than the 10th day after the date the order is received, enter the
10-16    information required by Section 411.042(b)(6), Government Code,
10-17    into the statewide law enforcement information system maintained by
10-18    the Department of Public Safety.
10-19          SECTION 4.02. Chapter 25, Penal Code, is amended by adding
10-20    Section 25.071 to read as follows:
10-21          Sec. 25.071.  VIOLATION OF PROTECTIVE ORDER PREVENTING
10-22    OFFENSE CAUSED BY BIAS OR PREJUDICE. (a)  A person commits an
10-23    offense if, in violation of an order issued under Article 6.08,
10-24    Code of Criminal Procedure, the person knowingly or intentionally:
10-25                (1)  commits an offense under Title 5 or Section 28.02,
10-26    28.03, or 28.08 and commits the offense because of bias or
10-27    prejudice as described by Article 42.014, Code of Criminal
 11-1    Procedure;
 11-2                (2)  communicates:
 11-3                      (A)  directly with a protected individual in a
 11-4    threatening or harassing manner;
 11-5                      (B)  a threat through any person to a protected
 11-6    individual; or
 11-7                      (C)  in any manner with the protected individual,
 11-8    if the order prohibits any communication with a protected
 11-9    individual; or
11-10                (3)  goes to or near the residence or place of
11-11    employment or business of a protected individual.
11-12          (b)  If conduct constituting an offense under this section
11-13    also constitutes an offense under another section of this code, the
11-14    actor may be prosecuted under either section or under both
11-15    sections.
11-16          (c)  A peace officer investigating conduct that may
11-17    constitute an offense under this section for a violation of an
11-18    order may not arrest a person protected by that order for a
11-19    violation of that order.
11-20          (d)  An offense under this section is a Class A misdemeanor
11-21    unless it is shown on the trial of the offense that the defendant
11-22    has previously been convicted under this section two or more times
11-23    or has violated the protective order by committing an assault, in
11-24    which event the offense is a third degree felony.
11-25                                 ARTICLE 5
11-26          SECTION 5.01.  Chapter 2, Code of Criminal Procedure, is
11-27    amended by adding Article 2.211 to read as follows:
 12-1          Art. 2.211.  HATE CRIME REPORTING. In addition to performing
 12-2    duties required by Article 2.21, a clerk of a district or county
 12-3    court in which an affirmative finding under Article 42.014 is
 12-4    requested shall report that request to the Texas Judicial Council,
 12-5    along with a statement as to whether the request was granted by the
 12-6    court and, if so, whether the affirmative finding was entered in
 12-7    the judgment in the case. The clerk shall make the report required
 12-8    by this article not later than the 30th day after the date the
 12-9    judgment is entered in the case.
12-10          SECTION 5.02.  Section 71.034, Government Code, is amended by
12-11    adding Subsection (e) to read as follows:
12-12          (e)  In addition to the information described by Subsection
12-13    (a), the council shall include in the report a summary of
12-14    information provided to the council during the preceding year under
12-15    Article 2.211, Code of Criminal Procedure.
12-16                                 ARTICLE 6
12-17          SECTION 6.01.  This Act takes effect September 1, 2001.