80R4126 SLO-D

By: Hochberg, Chisum, Thompson, Coleman H.B. No. 1078

A BILL TO BE ENTITLED

AN ACT

relating to the imposition of conditions on a child adjudicated of having engaged in conduct that constitutes the commission of a hate crime.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 13A(b), Article 42.12, Code of Criminal Procedure, is amended to read as follows:

(b) The court may not grant community supervision on its own motion or on the recommendation of the jury to a defendant convicted of an offense for which the court has made an affirmative finding under Article 42.014 of this code if:

(1) the offense is murder under Section 19.02, Penal Code; [or]

(2) the defendant has been previously convicted of an offense for which the court made an affirmative finding under Article 42.014 of this code; or

(3) the defendant has been previously adjudicated for engaging in delinquent conduct constituting an offense that resulted in an affirmative finding under Section 54.035, Family Code.

SECTION 2. Chapter 54, Family Code, is amended by adding Section 54.035 to read as follows:

Sec. 54.035. CONDUCT THAT CONSTITUTES COMMISSION OF HATE CRIME. (a) In a proceeding for conduct that constitutes the commission of an offense under Title 5, Penal Code, or Section 28.02, 28.03, or 28.08, Penal Code, the court shall make an affirmative finding of fact and enter the affirmative finding in the judgment of the case if the judge or jury, whichever is the trier of fact, determines beyond a reasonable doubt that the child 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 child's bias or prejudice against a group identified by race, color, disability, religion, national origin or ancestry, age, gender, or sexual preference, as defined by Article 42.014, Code of Criminal Procedure.

(b) The court may require a child for whom an affirmative finding is made under this section to attend:

(1) an education program to further the child's acceptance and understanding of others; or

(2) psychological counseling sessions with an individual or organization as specified or approved by the court.

(c) If the court makes an affirmative finding under this section, the court may order the child to perform community service at a project designated by the court that primarily serves the interests of the person or group that was the target of the child's conduct.

(d) A clerk of the court in which an affirmative finding under this section is requested shall report that request to the Texas Judicial Council, along with a statement as to whether the request was granted by the court and, if so, whether the affirmative finding was entered in the judgment of the case. The clerk shall make the report required by this subsection not later than the 30th day after the date the judgment is entered in the case.

SECTION 3. Subchapter F, Chapter 61, Human Resources Code, is amended by adding Section 61.0814 to read as follows:

Sec. 61.0814. COMMUNITY SERVICE FOR CERTAIN RELEASES. The commission may require as a condition of release that a child for whom a court has made an affirmative finding under Section 54.035, Family Code, perform community service at a project designated by the commission that primarily serves the interests of the person or group that was the target of the child's conduct.

SECTION 4. Section 58.003, Family Code, is amended by adding Subsection (k-1) to read as follows:

(k-1) This subsection applies only to a prosecution for an offense for which the prosecuting attorney seeks an affirmative finding under Article 42.014, Code of Criminal Procedure. For the purposes of Section 3(a), Article 37.07, Code of Criminal Procedure, or Section 13A(b), Article 42.12, Code of Criminal Procedure, the prosecuting attorney may, on application to the juvenile court, reopen at any time the files and records of a person adjudicated as having engaged in delinquent conduct for an offense for which an affirmative finding was made under Section 54.035 and for which the files and records were sealed by the court under this section.

SECTION 5. (a) The change in law made by this Act applies only to conduct that occurs on or after the effective date of this Act. Conduct violating the penal law of this state occurs on or after the effective date of this Act if any element of the violation occurs on or after that date.

(b) Conduct that occurs before the effective date of this Act is governed by the law in effect at the time the conduct occurred, and that law is continued in effect for that purpose.

SECTION 6. This Act takes effect September 1, 2007.