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A BILL TO BE ENTITLED
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AN ACT
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relating to an offense committed against a homeless person because |
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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. Articles 42.014(a) and (c), Code of Criminal |
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Procedure, are amended to read as follows: |
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(a) In the trial of an offense under Title 5, Penal Code, or |
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Section 28.02, 28.03, or 28.08, Penal Code, the judge 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 at the guilt or innocence phase of the |
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trial, the judge or the jury, whichever is the trier of fact, |
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determines beyond a reasonable doubt that the defendant |
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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 defendant'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, |
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or homelessness. |
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(c) In this article: |
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(1) "Homelessness": |
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(A) means a condition under which an individual: |
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(i) lacks a fixed, regular, and adequate |
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nighttime residence; or |
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(ii) has a primary nighttime residence that |
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is: |
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(a) a supervised publicly or |
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privately operated shelter designed to provide temporary living |
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accommodations, including welfare hotels, congregate shelters, and |
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transitional housing for the mentally ill; |
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(b) an institution that provides a |
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temporary residence for individuals intended to be |
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institutionalized; or |
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(c) a public or private place not |
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designed for, or ordinarily used as, a regular sleeping |
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accommodation for human beings; and |
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(B) does not include a condition under which an |
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individual is imprisoned or otherwise detained in a correctional |
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facility. |
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(2) "Sexual [, "sexual] preference" has the following |
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meaning only: a preference for heterosexuality, homosexuality, or |
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bisexuality. |
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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, 2009. An offense |
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committed before September 1, 2009, 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, 2009, 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, 2009. |