By Thompson H.B. No. 587
77R1862 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. 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. (a) 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:
2-16 (1) at the guilt or innocence phase of the trial, the
2-17 judge or the jury, whichever is the trier of fact, determines
2-18 beyond a reasonable doubt that the defendant intentionally selected
2-19 the person against whom the offense was committed or intentionally
2-20 selected property damaged or affected as a result of the offense
2-21 because of the defendant's bias or prejudice against a group
2-22 identified by race, color, disability, religion, national origin or
2-23 ancestry, age, gender, or sexual preference; or
2-24 (2) at the punishment phase of the trial, the jury
2-25 makes the determination described by Subdivision (1), or in a case
2-26 in which the defendant waives a jury trial at the punishment phase,
2-27 the judge makes the determination described by Subdivision (1).
3-1 (b) The fact that a defendant incorrectly perceives a person
3-2 to be a member of a group described by this article is immaterial
3-3 to the determination described by Subsection (a).
3-4 (c) In this article, "sexual preference" means a preference
3-5 for heterosexuality, homosexuality, or bisexuality.
3-6 SECTION 1.03. (a) The change in the law made by this
3-7 article applies only to an offense committed on or after the
3-8 effective date of this Act. For purposes of this section, an
3-9 offense is committed before the effective date of this Act if any
3-10 element of the offense occurs before the effective date.
3-11 (b) An offense committed before the effective date of this
3-12 Act is covered by the law in effect when the offense was committed,
3-13 and the former law is continued in effect for that purpose.
3-14 ARTICLE 2
3-15 SECTION 2.01. Chapter 104, Code of Criminal Procedure, is
3-16 amended by adding Article 104.005 to read as follows:
3-17 Art. 104.005. EXTRAORDINARY PROSECUTION COSTS. (a) The
3-18 criminal justice division of the governor's office shall distribute
3-19 grants as provided by this article.
3-20 (b) A county with a population of less than 125,000 is
3-21 eligible to apply to the division for a grant under this article
3-22 if, during the preceding fiscal year:
3-23 (1) the total amount of expenditures of the county
3-24 exceeded the total amount of funds received by the county from all
3-25 sources and the county incurred expenses for the investigation or
3-26 prosecution of an offense:
3-27 (A) defined by Section 19.03, Penal Code; and
4-1 (B) alleged by the attorney representing the
4-2 state to have been committed because of bias or prejudice as
4-3 described by Article 42.014; or
4-4 (2) the total amount of funds received by the county
4-5 from all sources exceeded the total amount of expenditures of the
4-6 county and the county incurred expenses for the investigation or
4-7 prosecution of an offense described by Subdivision (1) that exceed
4-8 five percent of the amount of that excess.
4-9 (c) The commissioners court must submit with an application
4-10 under Subsection (b) a financial statement of the county that shows
4-11 for the fiscal year for which application is made:
4-12 (1) the total amount of funds received by the county
4-13 from all sources;
4-14 (2) the total amount of expenditures of the county;
4-15 and
4-16 (3) the total amount of expenses incurred by the
4-17 county for the investigation or prosecution of an offense described
4-18 by Subsection (b)(1).
4-19 (d) The division may make a grant under this article only to
4-20 an eligible county for the reimbursement of expenses incurred by
4-21 the county during the fiscal year for which application is made for
4-22 the investigation or prosecution of an offense described by
4-23 Subsection (b)(1). The amount of the grant to a county eligible
4-24 under Subsection (b)(2) may not exceed an amount equal to five
4-25 percent of the difference between the total amount of funds
4-26 received by the county and the total amount of expenditures of the
4-27 county during the fiscal year for which application is made.
5-1 (e) The division may adopt a budget and rules for the making
5-2 of grants under this article. All grants made to a county under
5-3 this article and its expenditure by the county are subject to audit
5-4 by the state auditor.
5-5 SECTION 2.02. The commissioners court of a county may apply
5-6 to the criminal justice division of the governor's office for a
5-7 grant, as provided by Article 104.005, Code of Criminal Procedure,
5-8 as added by this Act, on or after September 1, 2001.
5-9 ARTICLE 3
5-10 SECTION 3.01. Title 6, Civil Practice and Remedies Code, is
5-11 amended by adding Chapter 140 to read as follows:
5-12 CHAPTER 140. REMEDIES FOR AND PROTECTIONS
5-13 AGAINST HATEFUL ACTS
5-14 Sec. 140.001. DEFINITIONS. In this chapter:
5-15 (1) "Claimant" means a party seeking the relief
5-16 provided by this chapter, including a plaintiff, counterclaimant,
5-17 cross-claimant, or third-party plaintiff.
5-18 (2) "Defendant" includes any party from whom a
5-19 claimant seeks relief under this chapter.
5-20 Sec. 140.002. RIGHT TO BE FREE FROM HATEFUL ACTS. (a) A
5-21 person in this state has the right to be free from an act of
5-22 violence committed against the person or the person's property
5-23 because of the person's race, color, disability, religion, national
5-24 origin or ancestry, age, status as a pregnant person, gender, or
5-25 sexual preference.
5-26 (b) In this section, "sexual preference" means preference
5-27 for heterosexuality, homosexuality, or bisexuality.
6-1 Sec. 140.003. ACTION BY PERSON. (a) A person whose exercise
6-2 or enjoyment of the right secured by Section 140.002 is
6-3 intentionally violated by another person may commence in the
6-4 person's own name an action for:
6-5 (1) damages to the person arising from the intentional
6-6 actions of the defendant in violating the exercise or enjoyment by
6-7 the person of the right secured by Section 140.002;
6-8 (2) exemplary damages as provided by Chapter 41; and
6-9 (3) injunctive relief or any other appropriate relief
6-10 to protect the exercise or enjoyment of the right secured by
6-11 Section 140.002.
6-12 (b) A court shall award a party who prevails in an action
6-13 under this section reasonable attorney's fees in bringing or
6-14 defending the action.
6-15 Sec. 140.004. INDEPENDENT REMEDY. An action under this
6-16 chapter is independent of any other remedy or procedure that may be
6-17 available to the claimant.
6-18 SECTION 3.02. Chapter 140, Civil Practice and Remedies Code,
6-19 as added by this article, applies only to a cause of action that
6-20 accrues on or after the effective date of this Act. An action that
6-21 accrued before the effective date of this Act is governed by the
6-22 law applicable to the action immediately before the effective date
6-23 of this Act, and that law is continued in effect for that purpose.
6-24 ARTICLE 4
6-25 SECTION 4.01. Chapter 6, Code of Criminal Procedure, is
6-26 amended by adding Article 6.08 to read as follows:
6-27 Art. 6.08. PROTECTIVE ORDER PROHIBITING OFFENSE CAUSED BY
7-1 BIAS OR PREJUDICE. (a) At any proceeding in which the defendant
7-2 appears in constitutional county court, statutory county court, or
7-3 district court that is related to an offense under Title 5, Penal
7-4 Code, or Section 28.02 or 28.03, Penal Code, in which it is alleged
7-5 that the defendant committed the offense because of bias or
7-6 prejudice as described by Article 42.014, a person may request the
7-7 court to render a protective order under Title 4, Family Code, for
7-8 the protection of the person.
7-9 (b) The court shall render a protective order in the manner
7-10 provided by Title 4, Family Code, if, in lieu of the finding that
7-11 family violence occurred and is likely to occur in the future as
7-12 required by Section 85.001, Family Code, the court finds that
7-13 probable cause exists to believe that an offense under Title 5,
7-14 Penal Code, or Section 28.02 or 28.03, Penal Code, occurred, that
7-15 the defendant committed the offense because of bias or prejudice,
7-16 and that the nature of the scheme or course of conduct engaged in
7-17 by the defendant in the commission of the offense indicates that
7-18 the defendant is likely to engage in the future in conduct
7-19 prohibited by Title 5, Penal Code, or Section 28.02 or 28.03, Penal
7-20 Code, and committed because of bias or prejudice.
7-21 (c) The procedure for the enforcement of a protective order
7-22 under Title 4, Family Code, applies to the fullest extent
7-23 practicable to the enforcement of a protective order under this
7-24 article, including provisions relating to findings, contents,
7-25 duration, warning, delivery, law enforcement duties, and
7-26 modification, except that:
7-27 (1) the printed statement on the warning must refer to
8-1 the prosecution of subsequent offenses committed because of bias or
8-2 prejudice;
8-3 (2) the court shall require a peace officer to serve a
8-4 protective order issued under this article; and
8-5 (3) the clerk of the court shall forward a copy of a
8-6 protective order issued under this article to the Department of
8-7 Public Safety with a designation indicating that the order was
8-8 issued to prevent offenses committed because of bias or prejudice.
8-9 SECTION 4.02. Chapter 25, Penal Code, is amended by adding
8-10 Section 25.071 to read as follows:
8-11 Sec. 25.071. VIOLATION OF PROTECTIVE ORDER PREVENTING
8-12 OFFENSE CAUSED BY BIAS OR PREJUDICE. (a) A person commits an
8-13 offense if, in violation of an order issued under Article 6.08,
8-14 Code of Criminal Procedure, the person knowingly or intentionally:
8-15 (1) commits an offense under Title 5 or Section 28.02
8-16 or 28.03 and commits the offense because of bias or prejudice as
8-17 described by Article 42.014, Code of Criminal Procedure;
8-18 (2) communicates:
8-19 (A) directly with a protected individual in a
8-20 threatening or harassing manner;
8-21 (B) a threat through any person to a protected
8-22 individual; or
8-23 (C) in any manner with the protected individual,
8-24 if the order prohibits any communication with a protected
8-25 individual; or
8-26 (3) goes to or near the residence or place of
8-27 employment or business of a protected individual.
9-1 (b) If conduct constituting an offense under this section
9-2 also constitutes an offense under another section of this code, the
9-3 actor may be prosecuted under either section or under both
9-4 sections.
9-5 (c) A peace officer investigating conduct that may
9-6 constitute an offense under this section for a violation of an
9-7 order may not arrest a person protected by that order for a
9-8 violation of that order.
9-9 (d) An offense under this section is a Class A misdemeanor
9-10 unless it is shown on the trial of the offense that the defendant
9-11 has previously been convicted under this section two or more times
9-12 or has violated the protective order by committing an assault, in
9-13 which event the offense is a third degree felony.
9-14 ARTICLE 5
9-15 SECTION 5.01. Chapter 2, Code of Criminal Procedure, is
9-16 amended by adding Article 2.211 to read as follows:
9-17 Art. 2.211. HATE CRIME REPORTING. In addition to performing
9-18 duties required by Article 2.21, a clerk of a district or county
9-19 court in which an affirmative finding under Article 42.014 is
9-20 requested shall report that request to the Texas Judicial Council,
9-21 along with a statement as to whether the request was granted by the
9-22 court and, if so, whether the affirmative finding was entered in
9-23 the judgment in the case. The clerk shall make the report required
9-24 by this article not later than the 30th day after the date the
9-25 judgment is entered in the case.
9-26 SECTION 5.02. Section 71.034, Government Code, is amended by
9-27 adding Subsection (e) to read as follows:
10-1 (e) In addition to the information described by Subsection
10-2 (a), the council shall include in the report a summary of
10-3 information provided to the council during the preceding year under
10-4 Article 2.211, Code of Criminal Procedure.
10-5 ARTICLE 6
10-6 SECTION 6.01. This Act takes effect September 1, 2001.