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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 the criminal offense of |
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making a false alarm or report to cause action by a law enforcement |
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agency against another person and for making that false alarm or |
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report because 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. Article 42.014, Code of Criminal Procedure, is |
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amended by adding Subsection (a-1) to read as follows: |
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(a-1) In the trial of an offense under Section 42.06(a)(1), |
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Penal Code, the judge shall make an affirmative finding of fact and |
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enter the affirmative finding in the judgment of the case if at the |
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guilt or innocence phase of the trial, the judge or the jury, |
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whichever is the trier of fact, determines beyond a reasonable |
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doubt that the defendant: |
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(1) committed the offense for the purpose of causing a |
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law enforcement agency to take action against another person; and |
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(2) intentionally selected the person described by |
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Subdivision (1) 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 or |
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by status as a peace officer or judge. |
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SECTION 2. Section 12.47(a), Penal Code, is amended to read |
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as follows: |
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(a) If an affirmative finding under Article 42.014, Code of |
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Criminal Procedure, is made in the trial of an offense other than a |
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first degree felony or a Class A misdemeanor, the punishment for the |
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offense is increased to the punishment prescribed for the next |
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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. This section does not apply to the trial of |
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an offense of injury to a disabled individual under Section 22.04, |
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if the affirmative finding in the case under Article 42.014(a) |
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[42.014], Code of Criminal Procedure, shows that the defendant |
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intentionally selected the victim because the victim was disabled. |
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SECTION 3. Section 42.06(b), Penal Code, is amended to read |
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as follows: |
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(b) An offense under this section is a Class A misdemeanor, |
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except that the offense is: |
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(1) subject to Subdivision (2), a state jail felony if |
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[unless] the false report is of an emergency involving a public or |
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private institution of higher education or involving a public |
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primary or secondary school, public communications, public |
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transportation, public water, gas, or power supply or other public |
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service; and |
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(2) for an offense committed under Subsection (a)(1) |
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for the purpose of causing action by a law enforcement agency |
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against another person: |
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(A) [, in which event the offense is] a state jail |
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felony if an action taken by any law enforcement agency in response |
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to the false report results in serious bodily injury to any person; |
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or |
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(B) a felony of the third degree if an action |
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taken by any law enforcement agency in response to the false report |
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results in the death of any person. |
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SECTION 4. The change in law made by this Act applies only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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governed by the law in effect on the date the offense was committed, |
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and the former law is continued in effect for that purpose. For |
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purposes of this section, an offense was committed before the |
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effective date of this Act if any element of the offense occurred |
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before that date. |
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SECTION 5. This Act takes effect September 1, 2021. |