|
|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
relating to increasing the punishment for an offense committed |
|
against a person because of bias or prejudice on the basis of |
|
service as a peace officer, a firefighter, or emergency medical |
|
services personnel and to the confidentiality of personal |
|
information regarding certain persons who provide that service. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. Articles 42.014(a) and (c), Code of Criminal |
|
Procedure, are amended to read as follows: |
|
(a) In the trial of an offense under Title 5, Penal Code, or |
|
Section 28.02, 28.03, or 28.08, Penal Code, the judge shall make an |
|
affirmative finding of fact and enter the affirmative finding in |
|
the judgment of the case if at the guilt or innocence phase of the |
|
trial, the judge or the jury, whichever is the trier of fact, |
|
determines beyond a reasonable doubt that the defendant |
|
intentionally selected the person against whom the offense was |
|
committed, or intentionally selected the person's property that was |
|
damaged or affected as a result of the offense, because of the |
|
defendant's bias or prejudice against a group identified by race, |
|
color, disability, religion, national origin or ancestry, age, |
|
gender, or sexual preference or by service as a peace officer, a |
|
firefighter, or emergency medical services personnel. |
|
(c) In this article: |
|
(1) "Emergency medical services personnel" has the |
|
meaning assigned by Section 773.003, Health and Safety Code, and |
|
includes active and retired personnel. |
|
(2) "Firefighter" means a person who is a paid or |
|
volunteer firefighter and includes an active or retired |
|
firefighter. |
|
(3) "Peace officer" means an active or retired peace |
|
officer, as that term is defined under Article 2.12. |
|
(4) "Sexual [, "sexual] preference" has the following |
|
meaning only: a preference for heterosexuality, homosexuality, or |
|
bisexuality. |
|
SECTION 2. Section 552.117(a), Government Code, is amended |
|
to read as follows: |
|
(a) Information is excepted from the requirements of |
|
Section 552.021 if it is information that relates to the home |
|
address, home telephone number, emergency contact information, or |
|
social security number of the following person or that reveals |
|
whether the person has family members: |
|
(1) a current or former official or employee of a |
|
governmental body, except as otherwise provided by Section 552.024; |
|
(2) a current or former peace officer as defined by |
|
Article 2.12, Code of Criminal Procedure, or [a] security officer |
|
commissioned under Section 51.212, Education Code, regardless of |
|
whether the officer complies with Section 552.024 or 552.1175, as |
|
applicable; |
|
(3) a current or former employee of the Texas |
|
Department of Criminal Justice or of the predecessor in function of |
|
the department or any division of the department, regardless of |
|
whether the current or former employee complies with Section |
|
552.1175; |
|
(4) a peace officer as defined by Article 2.12, Code of |
|
Criminal Procedure, or other law, a reserve law enforcement |
|
officer, a commissioned deputy game warden, or a corrections |
|
officer in a municipal, county, or state penal institution in this |
|
state who was killed in the line of duty, regardless of whether the |
|
deceased complied with Section 552.024 or 552.1175; |
|
(5) a commissioned security officer as defined by |
|
Section 1702.002, Occupations Code, regardless of whether the |
|
officer complies with Section 552.024 or 552.1175, as applicable; |
|
(6) an officer or employee of a community supervision |
|
and corrections department established under Chapter 76 who |
|
performs a duty described by Section 76.004(b), regardless of |
|
whether the officer or employee complies with Section 552.024 or |
|
552.1175; |
|
(7) a current or former employee of the office of the |
|
attorney general who is or was assigned to a division of that office |
|
the duties of which involve law enforcement, regardless of whether |
|
the current or former employee complies with Section 552.024 or |
|
552.1175; |
|
(8) a current or former employee of the Texas Juvenile |
|
Justice Department or of the predecessors in function of the |
|
department, regardless of whether the current or former employee |
|
complies with Section 552.024 or 552.1175; |
|
(9) a current or former juvenile probation or |
|
supervision officer certified by the Texas Juvenile Justice |
|
Department, or the predecessors in function of the department, |
|
under Title 12, Human Resources Code, regardless of whether the |
|
current or former officer complies with Section 552.024 or |
|
552.1175; |
|
(10) a current or former employee of a juvenile |
|
justice program or facility, as those terms are defined by Section |
|
261.405, Family Code, regardless of whether the current or former |
|
employee complies with Section 552.024 or 552.1175; [or] |
|
(11) a current or former member of the Texas military |
|
forces, as that term is defined by Section 437.001; or |
|
(12) a current or former firefighter or current or |
|
former emergency medical services personnel, as those terms are |
|
defined by Article 42.014, Code of Criminal Procedure, regardless |
|
of whether the person complies with Section 552.024 or 552.1175, as |
|
applicable. |
|
SECTION 3. The heading to Section 552.1175, Government |
|
Code, is amended to read as follows: |
|
Sec. 552.1175. CONFIDENTIALITY OF CERTAIN PERSONAL |
|
IDENTIFYING INFORMATION OF PEACE OFFICERS, COUNTY JAILERS, |
|
SECURITY OFFICERS, EMPLOYEES OF CERTAIN CRIMINAL OR JUVENILE |
|
JUSTICE AGENCIES OR OFFICES, FIREFIGHTERS, EMERGENCY MEDICAL |
|
SERVICES PERSONNEL, AND FEDERAL AND STATE JUDGES. |
|
SECTION 4. Section 552.1175(a), Government Code, is amended |
|
to read as follows: |
|
(a) This section applies only to: |
|
(1) current or former peace officers as defined by |
|
Article 2.12, Code of Criminal Procedure; |
|
(2) county jailers as defined by Section 1701.001, |
|
Occupations Code; |
|
(3) current or former employees of the Texas |
|
Department of Criminal Justice or of the predecessor in function of |
|
the department or any division of the department; |
|
(4) commissioned security officers as defined by |
|
Section 1702.002, Occupations Code; |
|
(5) employees of a district attorney, criminal |
|
district attorney, or county or municipal attorney whose |
|
jurisdiction includes any criminal law or child protective services |
|
matters; |
|
(6) officers and employees of a community supervision |
|
and corrections department established under Chapter 76 who perform |
|
a duty described by Section 76.004(b); |
|
(7) criminal investigators of the United States as |
|
described by Article 2.122(a), Code of Criminal Procedure; |
|
(8) police officers and inspectors of the United |
|
States Federal Protective Service; |
|
(9) current and former employees of the office of the |
|
attorney general who are or were assigned to a division of that |
|
office the duties of which involve law enforcement; |
|
(10) current or former juvenile probation and |
|
detention officers certified by the Texas Juvenile Justice |
|
Department, or the predecessors in function of the department, |
|
under Title 12, Human Resources Code; |
|
(11) current or former employees of a juvenile justice |
|
program or facility, as those terms are defined by Section 261.405, |
|
Family Code; |
|
(12) current or former employees of the Texas Juvenile |
|
Justice Department or the predecessors in function of the |
|
department; [and] |
|
(13) current or former firefighters or emergency |
|
medical services personnel, as those terms are defined by Article |
|
42.014, Code of Criminal Procedure; and |
|
(14) federal judges and state judges as defined by |
|
Section 13.0021, Election Code. |
|
SECTION 5. Section 12.47, Penal Code, is amended to read as |
|
follows: |
|
Sec. 12.47. PENALTY IF OFFENSE COMMITTED BECAUSE OF BIAS OR |
|
PREJUDICE. (a) If an affirmative finding under Article 42.014, |
|
Code of Criminal Procedure, is made in the trial of an offense other |
|
than a first degree felony or a Class A misdemeanor, the punishment |
|
for the offense is increased to the punishment prescribed for the |
|
next highest category of offense. If the offense is a Class A |
|
misdemeanor, the minimum term of confinement for the offense is |
|
increased to 180 days. |
|
(b) This section does not apply to the trial of: |
|
(1) an offense of injury to a disabled individual |
|
under Section [Sec.] 22.04, if the affirmative finding in the case |
|
under Article 42.014, Code of Criminal Procedure, shows that the |
|
defendant intentionally selected the victim because the victim was |
|
disabled; or |
|
(2) an offense for which the punishment is subject to |
|
enhancement based on the victim's service as a peace officer, a |
|
firefighter, or emergency medical services personnel, as those |
|
terms are defined by Article 42.014, Code of Criminal Procedure. |
|
(c) [(b)] The attorney general, if requested to do so by a |
|
prosecuting attorney, may assist the prosecuting attorney in the |
|
investigation or prosecution of an offense committed because of |
|
bias or prejudice. The attorney general shall designate one |
|
individual in the division of the attorney general's office that |
|
assists in the prosecution of criminal cases to coordinate |
|
responses to requests made under this subsection. |
|
SECTION 6. Section 25.025(a), Tax Code, is amended to read |
|
as follows: |
|
(a) This section applies only to: |
|
(1) a current or former peace officer as defined by |
|
Article 2.12, Code of Criminal Procedure; |
|
(2) a county jailer as defined by Section 1701.001, |
|
Occupations Code; |
|
(3) an employee of the Texas Department of Criminal |
|
Justice; |
|
(4) a commissioned security officer as defined by |
|
Section 1702.002, Occupations Code; |
|
(5) a victim of family violence as defined by Section |
|
71.004, Family Code, if as a result of the act of family violence |
|
against the victim, the actor is convicted of a felony or a Class A |
|
misdemeanor; |
|
(6) a federal judge, a state judge, or the spouse of a |
|
federal judge or state judge; |
|
(7) a current or former employee of a district |
|
attorney, criminal district attorney, or county or municipal |
|
attorney whose jurisdiction includes any criminal law or child |
|
protective services matters; |
|
(8) an officer or employee of a community supervision |
|
and corrections department established under Chapter 76, |
|
Government Code, who performs a duty described by Section 76.004(b) |
|
of that code; |
|
(9) a criminal investigator of the United States as |
|
described by Article 2.122(a), Code of Criminal Procedure; |
|
(10) a police officer or inspector of the United |
|
States Federal Protective Service; |
|
(11) a current or former United States attorney or |
|
assistant United States attorney and the spouse and child of the |
|
attorney; |
|
(12) a current or former employee of the office of the |
|
attorney general who is or was assigned to a division of that office |
|
the duties of which involve law enforcement; |
|
(13) a medical examiner or person who performs |
|
forensic analysis or testing who is employed by this state or one or |
|
more political subdivisions of this state; |
|
(14) a current or former member of the United States |
|
armed forces who has served in an area that the president of the |
|
United States by executive order designates for purposes of 26 |
|
U.S.C. Section 112 as an area in which armed forces of the United |
|
States are or have engaged in combat; |
|
(15) a current or former employee of the Texas |
|
Juvenile Justice Department or of the predecessors in function of |
|
the department; |
|
(16) a current or former juvenile probation or |
|
supervision officer certified by the Texas Juvenile Justice |
|
Department, or the predecessors in function of the department, |
|
under Title 12, Human Resources Code; [and] |
|
(17) a current or former employee of a juvenile |
|
justice program or facility, as those terms are defined by Section |
|
261.405, Family Code; and |
|
(18) a current or former firefighter or current or |
|
former emergency medical services personnel, as those terms are |
|
defined by Article 42.014, Code of Criminal Procedure. |
|
SECTION 7. Article 42.014, Code of Criminal Procedure, as |
|
amended by this Act, and Section 12.47, Penal Code, as amended by |
|
this Act, apply only to an offense committed on or after the |
|
effective date of this Act. An offense committed before the |
|
effective date of this Act is governed by the law in effect on the |
|
date the offense was committed, and the former law is continued in |
|
effect for that purpose. For purposes of this section, an offense |
|
was committed before the effective date of this Act if any element |
|
of the offense occurred before that date. |
|
SECTION 8. This Act takes effect September 1, 2017. |