Texas 2009 - 81st Regular

Texas House Bill HB824 Compare Versions

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1	1	81R5468 JSC-D
2	2	By: Hochberg H.B. No. 824
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the imposition of conditions on and access to case
8	8	records regarding a child adjudicated of having engaged in conduct
9	9	that constitutes the commission of a hate crime.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 13A(b), Article 42.12, Code of Criminal
12	12	Procedure, is amended to read as follows:
13	13	(b) The court may not grant community supervision on its own
14	14	motion or on the recommendation of the jury to a defendant convicted
15	15	of an offense for which the court has made an affirmative finding
16	16	under Article 42.014 of this code if:
17	17	(1) the offense is murder under Section 19.02, Penal
18	18	Code; [or]
19	19	(2) the defendant has been previously convicted of an
20	20	offense for which the court made an affirmative finding under
21	21	Article 42.014 of this code; or
22	22	(3) the defendant has been previously adjudicated for
23	23	engaging in delinquent conduct constituting an offense that
24	24	resulted in an affirmative finding under Section 54.035, Family
25	25	Code.
26	26	SECTION 2. Chapter 54, Family Code, is amended by adding
27	27	Section 54.035 to read as follows:
28	28	Sec. 54.035. CONDUCT THAT CONSTITUTES COMMISSION OF HATE
29	29	CRIME. (a) In a proceeding for conduct that constitutes the
30	30	commission of an offense under Title 5, Penal Code, or Section
31	31	28.02, 28.03, or 28.08, Penal Code, the court shall make an
32	32	affirmative finding of fact and enter the affirmative finding in
33	33	the judgment of the case if the judge or jury, whichever is the
34	34	trier of fact, determines beyond a reasonable doubt that the child
35	35	intentionally selected the person against whom the offense was
36	36	committed or intentionally selected property damaged or affected as
37	37	a result of the offense because of the child's bias or prejudice
38	38	against a group identified by race, color, disability, religion,
39	39	national origin or ancestry, age, gender, or sexual preference, as
40	40	defined by Article 42.014, Code of Criminal Procedure.
41	41	(b) The court may require a child for whom an affirmative
42	42	finding is made under this section to attend:
43	43	(1) an education program to further the child's
44	44	acceptance and understanding of others; or
45	45	(2) psychological counseling sessions with an
46	46	individual or organization as specified or approved by the court.
47	47	(c) If the court makes an affirmative finding under this
48	48	section, the court may order the child to perform community service
49	49	at a project designated by the court that primarily serves the
50	50	interests of the person or group that was the target of the child's
51	51	conduct.
52	52	(d) A clerk of the court in which an affirmative finding
53	53	under this section is requested shall report that request to the
54	54	Texas Judicial Council, along with a statement as to whether the
55	55	request was granted by the court and, if so, whether the affirmative
56	56	finding was entered in the judgment of the case. The clerk shall
57	57	make the report required by this subsection not later than the 30th
58	58	day after the date the judgment is entered in the case.
59	59	SECTION 3. Subchapter F, Chapter 61, Human Resources Code,
60	60	is amended by adding Section 61.08141 to read as follows:
61	61	Sec. 61.08141. COMMUNITY SERVICE FOR CERTAIN RELEASES. The
62	62	commission may require as a condition of release that a child for
63	63	whom a court has made an affirmative finding under Section 54.035,
64	64	Family Code, perform community service at a project designated by
65	65	the commission that primarily serves the interests of the person or
66	66	group that was the target of the child's conduct.
67	67	SECTION 4. Section 58.003, Family Code, is amended by
68	68	adding Subsection (k-1) to read as follows:
69	69	(k-1) This subsection applies only to a prosecution for an
70	70	offense for which the prosecuting attorney seeks an affirmative
71	71	finding under Article 42.014, Code of Criminal Procedure. For the
72	72	purposes of Section 3(a), Article 37.07, Code of Criminal
73	73	Procedure, or Section 13A(b), Article 42.12, Code of Criminal
74	74	Procedure, the prosecuting attorney may, on application to the
75	75	juvenile court, reopen at any time the files and records of a person
76	76	adjudicated as having engaged in delinquent conduct for an offense
77	77	for which an affirmative finding was made under Section 54.035 and
78	78	for which the files and records were sealed by the court under this
79	79	section.
80	80	SECTION 5. (a) The change in law made by this Act applies
81	81	only to conduct that occurs on or after the effective date of this
82	82	Act. Conduct violating the penal law of this state occurs on or
83	83	after the effective date of this Act if any element of the violation
84	84	occurs on or after that date.
85	85	(b) Conduct that occurs before the effective date of this
86	86	Act is governed by the law in effect at the time the conduct
87	87	occurred, and that law is continued in effect for that purpose.
88	88	SECTION 6. This Act takes effect September 1, 2009.