82R1315 AJZ-F
By: Veasey H.B. No. 172
A BILL TO BE ENTITLED
AN ACT
relating to a study regarding the effectiveness of the James Byrd
Jr. Hate Crimes Act.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 2, Code of Criminal Procedure, is
amended by adding Article 2.212 to read as follows:
Art. 2.212. STUDY OF EFFECTIVENESS OF JAMES BYRD JR. HATE
CRIMES ACT. (a) The attorney general shall conduct a study to
examine the success of Chapter 85 (H.B. 587), Acts of the 77th
Legislature, Regular Session, 2001, and subsequent amendments to
that chapter.
(b) To accumulate data for purposes of Subsection (a), the
attorney general shall:
(1) examine the characteristics of crimes reported as
crimes of bias or prejudice and categorize each crime by:
(A) type;
(B) severity;
(C) year of commission;
(D) any protected class status of the victim;
(E) any protected class status of the alleged
perpetrator; and
(F) any other factor that would assist in
improving the effectiveness of the hate crimes law;
(2) for each crime identified under Subdivision (1),
examine:
(A) whether an affirmative finding under the hate
crimes law was requested and obtained;
(B) whether a protective order was requested and
obtained;
(C) whether other charges related to the incident
were filed;
(D) whether any charging instrument for the crime
included an enhancement of punishment under Section 12.47, Penal
Code, based on an affirmative finding under the hate crimes law;
(E) whether other convictions were obtained; and
(F) if no affirmative finding under the hate
crimes law was requested:
(i) whether the alleged perpetrator was
ever identified;
(ii) whether there was any basis found for
an affirmative finding or other charge; and
(iii) whether a victim declined to
participate in the investigation;
(3) interview attorneys representing the state in the
prosecution of crimes identified under Subdivision (1) to determine
whether, in a representative sample of those crimes, plea
negotiations were influenced by the possibility of an enhancement
of punishment under Section 12.47, Penal Code, based on an
affirmative finding under the hate crimes law;
(4) interview a representative sample of victims of
crimes recorded as crimes of bias or prejudice and examine their
experiences with the hate crimes prosecution process to determine
problems, burdens, or disincentives to the prosecution of hate
crimes;
(5) for Section 22.111, Government Code, examine:
(A) the amount of money appropriated for
prosecutorial training;
(B) how many training sessions were provided;
(C) how many training sessions were requested;
and
(D) the number of attendees of any training
sessions provided;
(6) for Article 104.004 of this code, examine:
(A) the amount of money appropriated;
(B) the number of requests made for money and the
amounts requested; and
(C) the total amount of money distributed; and
(7) for Section 29.905, Education Code, examine:
(A) the amount of money appropriated for
community and public curricula;
(B) the results of any curriculum feedback model;
(C) the number of requests for a curriculum;
(D) when a curriculum was developed; and
(E) the amount of any actual instruction under a
curriculum.
(c) Not later than January 1, 2013, the attorney general
shall deliver a report to each house of the legislature on the data
collected under Subsection (b).
(d) This article expires February 1, 2013.
SECTION 2. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2011.