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CONCURRENT RESOLUTION
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WHEREAS, Recognizing that crimes perpetrated against an |
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individual because of bias or prejudice are particularly heinous, |
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in 1993 the Texas Legislature enhanced the punishment for such |
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offenses and defined them as hate crimes; and |
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WHEREAS, As instances of hate crimes increased so too did the |
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need for an appropriate law enforcement response; as a result, the |
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77th Texas Legislature enacted House Bill 587, popularly known as |
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the James Byrd, Jr. Hate Crimes Act, to protect Texas citizens from |
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being targets of hateful acts of violence simply because of their |
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race, color, disability, religion, national origin or ancestry, |
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age, gender, or sexual preference; and |
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WHEREAS, Devised to improve the investigation and |
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prosecution of hate crimes, augment the protections and remedies |
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available to the victims of such crimes, and expand the reporting of |
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the crimes, the James Byrd, Jr. Hate Crimes Act has been in effect a |
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sufficient length of time to warrant an assessment of its |
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effectiveness; now, therefore, be it |
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RESOLVED, That the 80th Legislature of the State of Texas |
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hereby request that the lieutenant governor and the speaker of the |
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house of representatives establish a joint interim committee to |
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study the implementation and effectiveness of the James Byrd, Jr. |
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Hate Crimes Act, as amended; and, be it further |
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RESOLVED, That the joint interim committee: |
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(1) conduct the study so that it identifies successful |
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strategies for prosecuting crimes of bias or prejudice and any |
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barriers or obstacles to use of the hate crimes law; |
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(2) examine the characteristics of crimes reported as |
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crimes of bias or prejudice and categorize each crime by type, |
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severity, year of commission, any protected class status of the |
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victim and the alleged perpetrator, and any other factor that would |
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assist in improving the effectiveness of the hate crimes law; |
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(3) for each crime identified under Subdivision (2), |
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examine: |
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(A) whether an affirmative finding under the hate |
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crimes law was requested and obtained; |
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(B) whether a protective order was requested and |
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obtained; |
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(C) whether other charges related to the incident |
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were filed; |
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(D) whether other convictions were obtained; and |
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(E) if no affirmative finding was requested, |
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whether the alleged perpetrator was ever identified, whether there |
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was any basis found for the affirmative finding or other charge, and |
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whether a victim declined to participate in the investigation; |
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(4) survey county, district, and criminal district |
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attorneys in whose jurisdictions complaints of crimes of bias or |
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prejudice have been made and determine: |
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(A) the characteristics of crimes leading to |
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requests for affirmative findings under the hate crimes law; |
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(B) whether there are barriers or disincentives |
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discouraging requests for affirmative findings; and |
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(C) whether the availability of additional |
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resources would lead to a greater number of requests for |
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affirmative findings; and |
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(5) interview a representative sample of victims of |
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crimes recorded as crimes of bias or prejudice and examine their |
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experiences with the hate crimes prosecution process to determine |
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problems, burdens, or disincentives to the prosecution of hate |
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crimes; and, be it further |
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RESOLVED, That the joint interim committee, in reference to |
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training for prosecuting attorneys on punishment enhancement |
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because of bias or prejudice, examine: |
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(1) the amount of money appropriated for prosecutorial |
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training; |
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(2) the number of training sessions provided and the |
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number requested; and |
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(3) the number of attendees of the training sessions; |
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and, be it further |
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RESOLVED, That the joint interim committee, in reference to |
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extraordinary costs of prosecution, examine: |
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(1) the amount of money appropriated; |
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(2) the number of requests made for money and the |
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amounts requested; and |
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(3) the total amount of money distributed; and, be it |
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further |
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RESOLVED, That the joint interim committee, in reference to |
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community education on hate crime law, examine: |
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(1) the amount of money appropriated for community and |
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public curricula; |
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(2) the results of any curriculum feedback model; |
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(3) the number of requests for a curriculum; |
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(4) when a curriculum was developed; and |
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(5) the amount of any actual instruction under a |
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curriculum; and, be it further |
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RESOLVED, That the joint interim committee compare data |
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regarding crimes of bias or prejudice under state law, federal law, |
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and the law of other states, including: |
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(1) reporting requirements; |
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(2) the number of complaints made; |
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(3) the number of prosecutions; |
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(4) money available for prosecutions; |
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(5) money available for education; and |
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(6) other models for prosecution of, or education |
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about, crimes of bias or prejudice; and, be it further |
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RESOLVED, That the committee's proceedings and operations be |
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governed by such general rules and policies for joint interim |
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committees as the 80th Legislature may adopt and that such rules and |
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policies supersede the provisions of this resolution to the extent |
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of any conflict; and, be it further |
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RESOLVED, That the committee submit a full report on the data |
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collected in accordance with this resolution to the Texas |
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Legislature not later than January 1, 2009. |