Texas

HOUSE BILL 587

SYNOPSIS: AN ACT relating to the investigation and prosecution of an offense motivated by bias or prejudice, to other civil and criminal remedies for and protections against certain hateful acts, and to training and education concerning hate laws.

ARTICLE 1

[*1×01] SECTION 1.01. 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 the judge or jury, whichever assesses punishment in the case, makes an affirmative finding under Article 42.014, Code of Criminal Procedure, in the punishment phase of 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, CODE OF CRIMINAL PROCEDURE, SHOWS THAT THE DEFENDANT INTENTIONALLY SELECTED THE VICTIM BECAUSE THE VICTIM WAS DISABLED.

(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.

[*1×02] SECTION 1.02. Article 42.014, Code of Criminal Procedure, is amended to read as follows:

Art. 42.014. FINDING THAT OFFENSE WAS COMMITTED BECAUSE OF BIAS OR PREJUDICE. (A) In the punishment phase of the trial of an offense under TITLE 5, PENAL CODE, OR SECTION 28.02, 28.03, OR 28.08, the Penal Code, THE JUDGE if the court determines that the defendant intentionally selected the victim primarily because of the defendant’s bias or prejudice against a group, the court shall make an affirmative finding of that fact and enter the affirmative finding in the judgment of THE that 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 PROPERTY 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 .

(B) THE SENTENCING JUDGE MAY, AS A CONDITION OF PUNISHMENT, REQUIRE ATTENDANCE IN AN EDUCATIONAL PROGRAM TO FURTHER TOLERANCE AND ACCEPTANCE OF OTHERS.

(C) IN THIS ARTICLE, “SEXUAL PREFERENCE” HAS THE FOLLOWING MEANING ONLY: A PREFERENCE FOR HETEROSEXUALITY, HOMOSEXUALITY, OR BISEXUALITY.

[*1×03] SECTION 1.03. (a) The change in the law made by this article applies only to an offense committed on or after the effective date of this Act. For purposes of this section, an offense is committed before the effective date of this Act if any element of the offense occurs before the effective date.

(b) An offense committed before the effective date of this Act is covered by the law in effect when the offense was committed, and the former law is continued in effect for that purpose.

************************

ARTICLE 3

[*3×01] SECTION 3.01. Chapter 6, Code of Criminal Procedure, is amended by adding Article 6.08 to read as follows:

ART. 6.08. PROTECTIVE ORDER PROHIBITING OFFENSE CAUSED BY BIAS OR PREJUDICE. (A) AT ANY PROCEEDING IN WHICH THE DEFENDANT APPEARS IN CONSTITUTIONAL COUNTY COURT, STATUTORY COUNTY COURT, OR DISTRICT COURT THAT IS RELATED TO AN OFFENSE UNDER TITLE 5, PENAL CODE, OR SECTION 28.02, 28.03, OR 28.08, PENAL CODE, IN WHICH IT IS ALLEGED THAT THE DEFENDANT COMMITTED THE OFFENSE BECAUSE OF BIAS OR PREJUDICE AS DESCRIBED BY ARTICLE 42.014, A PERSON MAY REQUEST THE COURT TO RENDER A PROTECTIVE ORDER UNDER TITLE 4, FAMILY CODE, FOR THE PROTECTION OF THE PERSON.

(B) THE COURT SHALL RENDER A PROTECTIVE ORDER IN THE MANNER PROVIDED BY TITLE 4, FAMILY CODE, IF, IN LIEU OF THE FINDING THAT FAMILY VIOLENCE OCCURRED AND IS LIKELY TO OCCUR IN THE FUTURE AS REQUIRED BY SECTION 85.001, FAMILY CODE, THE COURT FINDS THAT PROBABLE CAUSE EXISTS TO BELIEVE THAT AN OFFENSE UNDER TITLE 5, PENAL CODE, OR SECTION 28.02, 28.03, OR 28.08, PENAL CODE, OCCURRED, THAT THE DEFENDANT COMMITTED THE OFFENSE BECAUSE OF BIAS OR PREJUDICE, AND THAT THE NATURE OF THE SCHEME OR COURSE OF CONDUCT ENGAGED IN BY THE DEFENDANT IN THE COMMISSION OF THE OFFENSE INDICATES THAT THE DEFENDANT IS LIKELY TO ENGAGE IN THE FUTURE IN CONDUCT PROHIBITED BY TITLE 5, PENAL CODE, OR SECTION 28.02, 28.03, OR 28.08, PENAL CODE, AND COMMITTED BECAUSE OF BIAS OR PREJUDICE.

(C) THE PROCEDURE FOR THE ENFORCEMENT OF A PROTECTIVE ORDER UNDER TITLE 4, FAMILY CODE, APPLIES TO THE FULLEST EXTENT PRACTICABLE TO THE ENFORCEMENT OF A PROTECTIVE ORDER UNDER THIS ARTICLE, INCLUDING PROVISIONS RELATING TO FINDINGS, CONTENTS, DURATION, WARNING, DELIVERY, LAW ENFORCEMENT DUTIES, AND MODIFICATION, EXCEPT THAT:

(1) THE PRINTED STATEMENT ON THE WARNING MUST REFER TO THE PROSECUTION OF SUBSEQUENT OFFENSES COMMITTED BECAUSE OF BIAS OR PREJUDICE;

(2) THE COURT SHALL REQUIRE A CONSTABLE TO SERVE A PROTECTIVE ORDER ISSUED UNDER THIS ARTICLE; AND

(3) THE CLERK OF THE COURT SHALL FORWARD A COPY OF A PROTECTIVE ORDER ISSUED UNDER THIS ARTICLE TO THE DEPARTMENT OF PUBLIC SAFETY WITH A DESIGNATION INDICATING THAT THE ORDER WAS ISSUED TO PREVENT OFFENSES COMMITTED BECAUSE OF BIAS OR PREJUDICE.

(D) FOR AN ORIGINAL OR MODIFIED PROTECTIVE ORDER RENDERED UNDER THIS ARTICLE, ON RECEIPT OF THE ORDER FROM THE CLERK OF THE COURT, A LAW ENFORCEMENT AGENCY SHALL IMMEDIATELY, BUT NOT LATER THAN THE 10TH DAY AFTER THE DATE THE ORDER IS RECEIVED, ENTER THE INFORMATION REQUIRED BY SECTION 411.042(B)(6), GOVERNMENT CODE, INTO THE STATEWIDE LAW ENFORCEMENT INFORMATION SYSTEM MAINTAINED BY THE DEPARTMENT OF PUBLIC SAFETY.

[*3×02] SECTION 3.02. Chapter 25, Penal Code, is amended by adding Section 25.071 to read as follows:

SEC. 25.071. VIOLATION OF PROTECTIVE ORDER PREVENTING OFFENSE CAUSED BY BIAS OR PREJUDICE. (A) A PERSON COMMITS AN OFFENSE IF, IN VIOLATION OF AN ORDER ISSUED UNDER ARTICLE 6.08, CODE OF CRIMINAL PROCEDURE, THE PERSON KNOWINGLY OR INTENTIONALLY:

(1) COMMITS AN OFFENSE UNDER TITLE 5 OR SECTION 28.02, 28.03, OR 28.08 AND COMMITS THE OFFENSE BECAUSE OF BIAS OR PREJUDICE AS DESCRIBED BY ARTICLE 42.014, CODE OF CRIMINAL PROCEDURE;

(2) COMMUNICATES:

(A) DIRECTLY WITH A PROTECTED INDIVIDUAL IN A THREATENING OR HARASSING MANNER;

(B) A THREAT THROUGH ANY PERSON TO A PROTECTED INDIVIDUAL; OR

(C) IN ANY MANNER WITH THE PROTECTED INDIVIDUAL, IF THE ORDER PROHIBITS ANY COMMUNICATION WITH A PROTECTED INDIVIDUAL; OR

(3) GOES TO OR NEAR THE RESIDENCE OR PLACE OF EMPLOYMENT OR BUSINESS OF A PROTECTED INDIVIDUAL.

(B) IF CONDUCT CONSTITUTING AN OFFENSE UNDER THIS SECTION ALSO CONSTITUTES AN OFFENSE UNDER ANOTHER SECTION OF THIS CODE, THE ACTOR MAY BE PROSECUTED UNDER EITHER SECTION OR UNDER BOTH SECTIONS.

(C) A PEACE OFFICER INVESTIGATING CONDUCT THAT MAY CONSTITUTE AN OFFENSE UNDER THIS SECTION FOR A VIOLATION OF AN ORDER MAY NOT ARREST A PERSON PROTECTED BY THAT ORDER FOR A VIOLATION OF THAT ORDER.

(D) AN OFFENSE UNDER THIS SECTION IS A CLASS A MISDEMEANOR UNLESS IT IS SHOWN ON THE TRIAL OF THE OFFENSE THAT THE DEFENDANT HAS PREVIOUSLY BEEN CONVICTED UNDER THIS SECTION TWO OR MORE TIMES OR HAS VIOLATED THE PROTECTIVE ORDER BY COMMITTING AN ASSAULT, IN WHICH EVENT THE OFFENSE IS A THIRD DEGREE FELONY.