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A BILL TO BE ENTITLED
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AN ACT
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relating to the imposition of conditions on and access to case |
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records regarding a child adjudicated of having engaged in conduct |
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that constitutes the commission of a hate crime. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 13A, Article 42.12, Code of Criminal |
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Procedure, is amended by adding Subsection (c) to read as follows: |
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(c) Before the court grants community supervision on its own |
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motion or on the recommendation of the jury to a defendant convicted |
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of an offense for which the court has made an affirmative finding |
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under Article 42.014, the court shall consider any previous |
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adjudication of the defendant for engaging in delinquent conduct |
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constituting an offense that resulted in an affirmative finding |
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under Section 54.035, Family Code. |
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SECTION 2. Chapter 54, Family Code, is amended by adding |
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Section 54.035 to read as follows: |
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Sec. 54.035. CONDUCT THAT CONSTITUTES COMMISSION OF HATE |
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CRIME. (a) In a proceeding for conduct that constitutes the |
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commission of an offense under Title 5, Penal Code, or Section |
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28.02, 28.03, or 28.08, Penal Code, the court shall make an |
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affirmative finding of fact and enter the affirmative finding in |
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the judgment of the case if the judge or jury, whichever is the |
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trier of fact, determines beyond a reasonable doubt that the child |
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intentionally selected the person against whom the offense was |
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committed or intentionally selected property damaged or affected as |
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a result of the offense because of the child's bias or prejudice |
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against a group identified by race, color, disability, religion, |
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national origin or ancestry, age, gender, or sexual preference, as |
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defined by Article 42.014, Code of Criminal Procedure. |
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(b) The court may require a child for whom an affirmative |
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finding is made under this section to attend an education program to |
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further the child's acceptance and understanding of others. |
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(c) If the court makes an affirmative finding under this |
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section, the court may order the child to perform community service |
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at a project designated by the court that primarily serves the |
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interests of the person or group that was the target of the child's |
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conduct. |
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(d) A clerk of the court in which an affirmative finding |
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under this section is requested shall report that request to the |
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Texas Judicial Council, along with a statement as to whether the |
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request was granted by the court and, if so, whether the affirmative |
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finding was entered in the judgment of the case. The clerk shall |
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make the report required by this subsection not later than the 30th |
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day after the date the judgment is entered in the case. |
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SECTION 3. Subchapter F, Chapter 61, Human Resources Code, |
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is amended by adding Section 61.08141 to read as follows: |
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Sec. 61.08141. COMMUNITY SERVICE FOR CERTAIN RELEASES. The |
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commission may require as a condition of release that a child for |
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whom a court has made an affirmative finding under Section 54.035, |
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Family Code, perform community service at a project designated by |
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the commission that primarily serves the interests of the person or |
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group that was the target of the child's conduct. |
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SECTION 4. Section 58.003, Family Code, is amended by |
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adding Subsection (k-1) to read as follows: |
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(k-1) This subsection applies only to a prosecution for an |
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offense for which the prosecuting attorney seeks an affirmative |
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finding under Article 42.014, Code of Criminal Procedure. For the |
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purposes of Section 3(a), Article 37.07, Code of Criminal |
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Procedure, or Section 13A(c), Article 42.12, Code of Criminal |
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Procedure, the prosecuting attorney may, on application to the |
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juvenile court, reopen at any time the files and records of a person |
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adjudicated as having engaged in delinquent conduct for an offense |
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for which an affirmative finding was made under Section 54.035 and |
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for which the files and records were sealed by the court under this |
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section. |
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SECTION 5. (a) The change in law made by this Act applies |
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only to conduct that occurs on or after the effective date of this |
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Act. Conduct violating the penal law of this state occurs on or |
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after the effective date of this Act if any element of the violation |
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occurs on or after that date. |
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(b) Conduct that occurs before the effective date of this |
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Act is governed by the law in effect at the time the conduct |
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occurred, and that law is continued in effect for that purpose. |
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SECTION 6. This Act takes effect September 1, 2009. |
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