81R5468 JSC-D
By: Hochberg H.B. No. 824
A BILL TO BE ENTITLED
AN ACT
relating to the imposition of conditions on and access to case
records regarding a child adjudicated of having engaged in conduct
that constitutes the commission of a hate crime.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 13A(b), Article 42.12, Code of Criminal
Procedure, is amended to read as follows:
(b) The court may not grant community supervision on its own
motion or on the recommendation of the jury to a defendant convicted
of an offense for which the court has made an affirmative finding
under Article 42.014 of this code if:
(1) the offense is murder under Section 19.02, Penal
Code; [or]
(2) the defendant has been previously convicted of an
offense for which the court made an affirmative finding under
Article 42.014 of this code; or
(3) the defendant has been previously adjudicated for
engaging in delinquent conduct constituting an offense that
resulted in an affirmative finding under Section 54.035, Family
Code.
SECTION 2. Chapter 54, Family Code, is amended by adding
Section 54.035 to read as follows:
Sec. 54.035. CONDUCT THAT CONSTITUTES COMMISSION OF HATE
CRIME. (a) In a proceeding for conduct that constitutes the
commission of an offense under Title 5, Penal Code, or Section
28.02, 28.03, or 28.08, Penal Code, the court shall make an
affirmative finding of fact and enter the affirmative finding in
the judgment of the case if the judge or jury, whichever is the
trier of fact, determines beyond a reasonable doubt that the child
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 child's bias or prejudice
against a group identified by race, color, disability, religion,
national origin or ancestry, age, gender, or sexual preference, as
defined by Article 42.014, Code of Criminal Procedure.
(b) The court may require a child for whom an affirmative
finding is made under this section to attend:
(1) an education program to further the child's
acceptance and understanding of others; or
(2) psychological counseling sessions with an
individual or organization as specified or approved by the court.
(c) If the court makes an affirmative finding under this
section, the court may order the child to perform community service
at a project designated by the court that primarily serves the
interests of the person or group that was the target of the child's
conduct.
(d) A clerk of the court in which an affirmative finding
under this section is requested shall report that request to the
Texas Judicial Council, along with a statement as to whether the
request was granted by the court and, if so, whether the affirmative
finding was entered in the judgment of the case. The clerk shall
make the report required by this subsection not later than the 30th
day after the date the judgment is entered in the case.
SECTION 3. Subchapter F, Chapter 61, Human Resources Code,
is amended by adding Section 61.08141 to read as follows:
Sec. 61.08141. COMMUNITY SERVICE FOR CERTAIN RELEASES. The
commission may require as a condition of release that a child for
whom a court has made an affirmative finding under Section 54.035,
Family Code, perform community service at a project designated by
the commission that primarily serves the interests of the person or
group that was the target of the child's conduct.
SECTION 4. Section 58.003, Family Code, is amended by
adding Subsection (k-1) to read as follows:
(k-1) This subsection applies only to a prosecution for an
offense for which the prosecuting attorney seeks an affirmative
finding under Article 42.014, Code of Criminal Procedure. For the
purposes of Section 3(a), Article 37.07, Code of Criminal
Procedure, or Section 13A(b), Article 42.12, Code of Criminal
Procedure, the prosecuting attorney may, on application to the
juvenile court, reopen at any time the files and records of a person
adjudicated as having engaged in delinquent conduct for an offense
for which an affirmative finding was made under Section 54.035 and
for which the files and records were sealed by the court under this
section.
SECTION 5. (a) The change in law made by this Act applies
only to conduct that occurs on or after the effective date of this
Act. Conduct violating the penal law of this state occurs on or
after the effective date of this Act if any element of the violation
occurs on or after that date.
(b) Conduct that occurs before the effective date of this
Act is governed by the law in effect at the time the conduct
occurred, and that law is continued in effect for that purpose.
SECTION 6. This Act takes effect September 1, 2009.