Texas Senate Bill SB228

Texas 2009 - 81st Regular

• Filed: 11/10/08

Caption

Relating to an offense committed against a homeless person because of bias or prejudice.

Impact

Upon adoption, SB228 would alter the prosecution and sentencing frameworks surrounding crimes against homeless individuals. The bill stipulates that when a perpetrator's bias against homelessness is established, it could result in more severe penalties, fostering an environment of accountability. This change aims to elevate societal awareness of discrimination based on homelessness and potentially reduce the frequency of such offenses by deterring bias-driven violence.

Summary

SB228 is legislation aimed at augmenting protections for homeless individuals by recognizing offenses committed against them as hate crimes. The bill amends specific articles in the Code of Criminal Procedure to allow for affirmative findings in cases where bias or prejudice against a person's homelessness is determined as a factor in the commission of a crime. This initiative seeks to address and mitigate the alarming trend of violence and discrimination targeting the homeless population, acknowledging that such offenses carry a societal bias akin to those based on race, religion, or sexual preference.

Contention

However, the bill is not without its points of contention. Critics argue about the implications of labeling homelessness as a distinct bias category, questioning whether it effectively addresses the root causes of homelessness and whether it might lead to the misclassification of crimes. Additionally, there are concerns regarding the practicality of enforceability for law enforcement and how it may strain already limited resources in addressing bias crimes. Proponents counter that it is a necessary step to protect one of society's most vulnerable populations, emphasizing the importance of recognizing and punishing crimes of prejudice.