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A BILL TO BE ENTITLED
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AN ACT
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relating to increasing the punishment for an offense committed |
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against a person because of the person's status as a peace officer, |
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a firefighter, or emergency medical services personnel. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Articles 6.08(a), (b), and (c), Code of Criminal |
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Procedure, are amended to read as follows: |
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(a) At any proceeding in which the defendant appears in |
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constitutional county court, statutory county court, or district |
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court that is related to an offense under Title 5, Penal Code, or |
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Section 28.02, 28.03, or 28.08, Penal Code, in which it is alleged |
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that the defendant committed the offense for a purpose or reason |
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[because of bias or prejudice as] described by Article 42.014, a |
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person may request the court to render a protective order under |
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Title 4, Family Code, for the protection of the person. |
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(b) The court shall render a protective order in the manner |
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provided by Title 4, Family Code, if, in lieu of the finding that |
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family violence occurred and is likely to occur in the future as |
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required by Section 85.001, Family Code, the court finds that |
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probable cause exists to believe that an offense under Title 5, |
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Penal Code, or Section 28.02, 28.03, or 28.08, Penal Code, |
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occurred, that the defendant committed the offense for a purpose or |
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reason described by Article 42.014 [because of bias or prejudice], |
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and that the nature of the scheme or course of conduct engaged in by |
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the defendant in the commission of the offense indicates that the |
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defendant is likely to engage in the future in conduct prohibited by |
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Title 5, Penal Code, or Section 28.02, 28.03, or 28.08, Penal Code, |
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and committed for a purpose or reason described by Article 42.014 |
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[because of bias or prejudice]. |
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(c) The procedure for the enforcement of a protective order |
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under Title 4, Family Code, applies to the fullest extent |
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practicable to the enforcement of a protective order under this |
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article, including provisions relating to findings, contents, |
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duration, warning, delivery, law enforcement duties, and |
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modification, except that: |
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(1) the printed statement on the warning must refer to |
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the prosecution of subsequent offenses committed for a purpose or |
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reason described by Article 42.014 [because of bias or prejudice]; |
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(2) the court shall require a constable to serve a |
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protective order issued under this article; and |
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(3) the clerk of the court shall forward a copy of a |
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protective order issued under this article to the Department of |
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Public Safety with a designation indicating that the order was |
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issued to prevent offenses committed for a purpose or reason |
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described by Article 42.014 [because of bias or prejudice]. |
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SECTION 2. Article 42.014, Code of Criminal Procedure, is |
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amended by amending Subsection (a) and adding Subsection (d) to |
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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 the person's property that was |
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damaged or affected as a result of the offense, because of: |
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(1) the defendant's bias or prejudice against a group |
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identified by race, color, disability, religion, national origin or |
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ancestry, age, gender, or sexual preference; or |
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(2) the person's status as a peace officer, a |
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firefighter, or emergency medical services personnel. |
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(d) In this article: |
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(1) "Emergency medical services personnel" has the |
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meaning assigned by Section 773.003, Health and Safety Code. |
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(2) "Firefighter" means a person who is a paid or |
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volunteer firefighter. |
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SECTION 3. Section 22.111, Government Code, is amended to |
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read as follows: |
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Sec. 22.111. TRAINING FOR PROSECUTING ATTORNEYS RELATED TO |
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PUNISHMENT ENHANCEMENT BECAUSE OF BIAS OR PREJUDICE. The court of |
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criminal appeals shall provide to prosecuting attorneys training |
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related to the use of Section 12.47, Penal Code, and Article 42.014, |
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Code of Criminal Procedure, for enhancing punishment on a finding |
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that an offense was committed for a purpose or reason described by |
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[because of the defendant's bias or prejudice as defined in] |
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Article 42.014, Code of Criminal Procedure. |
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SECTION 4. Section 12.47, Penal Code, is amended to read as |
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follows: |
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Sec. 12.47. PENALTY IF OFFENSE COMMITTED BECAUSE OF BIAS OR |
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PREJUDICE. (a) If an affirmative finding under Article 42.014, |
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Code of Criminal Procedure, is made in the trial of an offense other |
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than a first degree felony or a Class A misdemeanor, the punishment |
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for the offense is increased to the punishment prescribed for the |
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next highest category of offense. If the offense is a Class A |
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misdemeanor, the minimum term of confinement for the offense is |
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increased to 180 days. |
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(b) This section does not apply to the trial of: |
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(1) an offense of injury to a disabled individual |
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under Section [Sec.] 22.04, if the affirmative finding in the case |
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under Article 42.014, Code of Criminal Procedure, shows that the |
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defendant intentionally selected the victim because the victim was |
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disabled; or |
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(2) an offense for which the punishment is subject to |
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enhancement based on the victim's status as a peace officer, a |
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firefighter, or emergency medical services personnel. |
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(c) [(b)] The attorney general, if requested to do so by a |
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prosecuting attorney, may assist the prosecuting attorney in the |
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investigation or prosecution of an offense committed for a purpose |
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or reason described by Article 42.014, Code of Criminal Procedure |
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[because of bias or prejudice]. The attorney general shall |
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designate one individual in the division of the attorney general's |
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office that assists in the prosecution of criminal cases to |
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coordinate responses to requests made under this subsection. |
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(d) In this section: |
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(1) "Emergency medical services personnel" and |
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"firefighter" have the meanings assigned by Article 42.014, Code of |
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Criminal Procedure. |
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(2) "Peace officer" has the meaning assigned by |
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Article 2.12, Code of Criminal Procedure. |
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SECTION 5. Section 25.071(a), Penal Code, is amended to |
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read as follows: |
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(a) A person commits an offense if, in violation of an order |
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issued under Article 6.08, Code of Criminal Procedure, the person |
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knowingly or intentionally: |
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(1) commits an offense under Title 5 or Section 28.02, |
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28.03, or 28.08 and commits the offense for a purpose or reason |
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[because of bias or prejudice as] described by Article 42.014, Code |
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of Criminal Procedure; |
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(2) communicates: |
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(A) directly with a protected individual in a |
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threatening or harassing manner; |
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(B) a threat through any person to a protected |
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individual; or |
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(C) in any manner with the protected individual, |
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if the order prohibits any communication with a protected |
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individual; or |
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(3) goes to or near the residence or place of |
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employment or business of a protected individual. |
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SECTION 6. The changes in law made by this Act apply only to |
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an offense committed on or after the effective date of this Act. An |
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offense committed before the effective date of this Act is governed |
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by the law in effect on the date the offense was committed, and the |
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former law is continued in effect for that purpose. For purposes of |
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this section, an offense was committed before the effective date of |
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this Act if any element of the offense occurred before that date. |
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SECTION 7. This Act takes effect September 1, 2017. |