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A BILL TO BE ENTITLED
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AN ACT
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relating to the minimum term of imprisonment for a first-degree |
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felony offense that is committed because of bias or prejudice. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 12.47(a), Penal Code, is amended to read |
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as follows: |
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(a) If an affirmative finding under Article 42.014, Code of |
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Criminal Procedure, is made in the trial of an offense other than a |
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first degree felony or a Class A misdemeanor, the punishment for the |
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offense is increased to the punishment prescribed for the next |
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highest category of offense. If the offense is a Class A |
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misdemeanor, the minimum term of confinement for the offense is |
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increased to 180 days. If the offense is a felony of the first |
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degree, the minimum term of imprisonment for the offense is |
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increased to 10 years. This section does not apply to the trial of |
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an offense of injury to a disabled individual under Section [§] |
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22.04, if the affirmative finding in the case under Article 42.014, |
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Code of Criminal Procedure, shows that the defendant intentionally |
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selected the victim because the victim was disabled. |
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SECTION 2. The change in law made by this Act applies only |
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to an offense committed on or after September 1, 2007. An offense |
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committed before September 1, 2007, is governed by the law in effect |
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when the offense was committed, and the former law is continued in |
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effect for that purpose. For purposes of this section, an offense |
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was committed before September 1, 2007, if any element of the |
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offense occurred before that date. |
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SECTION 3. This Act takes effect September 1, 2007. |