The bill would amend the Penal Code to establish a minimum term of imprisonment of 10 years for a felony of the first degree if an offense against a person, arson, criminal mischief, or graffiti is committed because of bias or prejudice.  The bill would take effect on September 1, 2007 and apply to offenses committed on or after that date.

A first degree felony is punishable by imprisonment in the institutional division for life or for any term of not more than 99 years or less than 5 years, or in addition to imprisonment, a fine not to exceed $10,000.

Increasing the penalty for any criminal offense is expected to result in increased demands upon the correctional resources of counties or of the State due to longer terms of probation, or, longer terms of confinement in county jails or prison.  Texas Department of Public Safety data indicate there were 278 reported hate crime offenses in calendar year 2005.  Office of Court Administration data indicate one reported case in which a hate crime finding was requested, granted, and affirmed in fiscal year 2006.  It is possible a minimum term of confinement for felonies of the first degree will lengthen confinement, resulting in possibly higher correctional populations.  However, the bill is not expected to have a significant impact on criminal justice populations.