87R3219 MCF-F
 
  By: Miles S.B. No. 81
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to making certain false alarms or reports because of bias
  or prejudice; increasing a criminal penalty.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Article 42.014, Code of Criminal Procedure, is
  amended by adding Subsection (a-1) to read as follows:
         (a-1)  In the trial of an offense under Section 42.06(a)(1),
  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:
               (1)  committed the offense for the purpose of causing a
  law enforcement agency to take action against another person; and
               (2)  intentionally selected the person described by
  Subdivision (1) 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 status as a peace officer or judge.
         SECTION 2.  Section 12.47(a), Penal Code, is amended to read
  as follows:
         (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. This section does not apply to the trial of
  an offense of injury to a disabled individual under Section 22.04,
  if the affirmative finding in the case under Article 42.014(a)
  [42.014], Code of Criminal Procedure, shows that the defendant
  intentionally selected the victim because the victim was disabled.
         SECTION 3.  The change in law made by this Act applies 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 4.  This Act takes effect September 1, 2021.