| 1 | 1 | | By: Veasey, Thompson, Anchia, Vaught, et al. H.B. No. 616 |
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| 2 | 2 | | Substitute the following for H.B. No. 616: |
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| 3 | 3 | | By: Gallego C.S.H.B. No. 616 |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | A BILL TO BE ENTITLED |
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| 7 | 7 | | AN ACT |
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| 8 | 8 | | relating to a study regarding the effectiveness of the James Byrd |
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| 9 | 9 | | Jr. Hate Crimes Act. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Chapter 2, Code of Criminal Procedure, is |
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| 12 | 12 | | amended by adding Article 2.212 to read as follows: |
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| 13 | 13 | | Art. 2.212. STUDY OF EFFECTIVENESS OF JAMES BYRD JR. HATE |
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| 14 | 14 | | CRIMES ACT. (a) The attorney general shall conduct a study to |
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| 15 | 15 | | examine the success of Chapter 85 (H.B. 587), Acts of the 77th |
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| 16 | 16 | | Legislature, Regular Session, 2001, and subsequent amendments to |
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| 17 | 17 | | that chapter. |
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| 18 | 18 | | (b) To accumulate data for purposes of Subsection (a), the |
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| 19 | 19 | | attorney general shall: |
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| 20 | 20 | | (1) examine the characteristics of crimes reported as |
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| 21 | 21 | | crimes of bias or prejudice and categorize each crime by: |
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| 22 | 22 | | (A) type; |
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| 23 | 23 | | (B) severity; |
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| 24 | 24 | | (C) year of commission; |
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| 25 | 25 | | (D) any protected class status of the victim; |
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| 26 | 26 | | (E) any protected class status of the alleged |
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| 27 | 27 | | perpetrator; and |
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| 28 | 28 | | (F) any other factor that would assist in |
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| 29 | 29 | | improving the effectiveness of the hate crimes law; |
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| 30 | 30 | | (2) for each crime identified under Subdivision (1), |
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| 31 | 31 | | examine: |
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| 32 | 32 | | (A) whether an affirmative finding under the hate |
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| 33 | 33 | | crimes law was requested and obtained; |
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| 34 | 34 | | (B) whether a protective order was requested and |
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| 35 | 35 | | obtained; |
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| 36 | 36 | | (C) whether other charges related to the incident |
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| 37 | 37 | | were filed; |
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| 38 | 38 | | (D) whether any charging instrument for the crime |
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| 39 | 39 | | included an enhancement of punishment under Section 12.47, Penal |
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| 40 | 40 | | Code, based on an affirmative finding under the hate crimes law; |
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| 41 | 41 | | (E) whether other convictions were obtained; and |
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| 42 | 42 | | (F) if no affirmative finding under the hate |
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| 43 | 43 | | crimes law was requested: |
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| 44 | 44 | | (i) whether the alleged perpetrator was |
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| 45 | 45 | | ever identified; |
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| 46 | 46 | | (ii) whether there was any basis found for |
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| 47 | 47 | | the affirmative finding or other charge; and |
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| 48 | 48 | | (iii) whether a victim declined to |
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| 49 | 49 | | participate in the investigation; |
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| 50 | 50 | | (3) interview the attorneys representing the state in |
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| 51 | 51 | | the prosecution of a representative sample of crimes identified |
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| 52 | 52 | | under Subdivision (1) to determine whether plea negotiations were |
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| 53 | 53 | | influenced by the possibility of an enhancement of punishment under |
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| 54 | 54 | | Section 12.47, Penal Code, based on an affirmative finding under |
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| 55 | 55 | | the hate crimes law; |
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| 56 | 56 | | (4) interview a representative sample of victims of |
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| 57 | 57 | | crimes recorded as crimes of bias or prejudice and examine their |
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| 58 | 58 | | experiences with the hate crimes prosecution process to determine |
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| 59 | 59 | | problems, burdens, or disincentives to the prosecution of hate |
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| 60 | 60 | | crimes; |
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| 61 | 61 | | (5) for Section 22.111, Government Code, examine: |
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| 62 | 62 | | (A) the amount of money appropriated for |
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| 63 | 63 | | prosecutorial training; |
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| 64 | 64 | | (B) how many training sessions were provided; |
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| 65 | 65 | | (C) how many training sessions were requested; |
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| 66 | 66 | | and |
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| 67 | 67 | | (D) the number of attendees of any training |
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| 68 | 68 | | sessions provided; |
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| 69 | 69 | | (6) for Article 104.004 of this code, examine: |
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| 70 | 70 | | (A) the amount of money appropriated; |
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| 71 | 71 | | (B) the number of requests made for money and the |
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| 72 | 72 | | amounts requested; and |
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| 73 | 73 | | (C) the total amount of money distributed; |
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| 74 | 74 | | (7) for Section 29.905, Education Code, examine: |
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| 75 | 75 | | (A) the amount of money appropriated for |
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| 76 | 76 | | community and public curricula; |
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| 77 | 77 | | (B) the results of any curriculum feedback model; |
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| 78 | 78 | | (C) the number of requests for a curriculum; |
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| 79 | 79 | | (D) when a curriculum was developed; and |
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| 80 | 80 | | (E) the amount of any actual instruction under a |
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| 81 | 81 | | curriculum; and |
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| 82 | 82 | | (c) Not later than January 1, 2011, the attorney general |
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| 83 | 83 | | shall deliver a report to each house of the legislature on the data |
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| 84 | 84 | | collected under Subsection (b). |
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| 85 | 85 | | (d) This article expires February 1, 2011. |
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| 86 | 86 | | SECTION 2. This Act takes effect immediately if it receives |
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| 87 | 87 | | a vote of two-thirds of all the members elected to each house, as |
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| 88 | 88 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 89 | 89 | | Act does not receive the vote necessary for immediate effect, this |
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| 90 | 90 | | Act takes effect September 1, 2009. |
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