85R6032 KJE-D
By: Coleman H.B. No. 1849
A BILL TO BE ENTITLED
AN ACT
relating to an offense committed against a person because of bias or
prejudice on the basis of gender identity or expression.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Articles 42.014(a) and (c), Code of Criminal
Procedure, are amended to read as follows:
(a) In the trial of an offense under Title 5, Penal Code, or
Section 28.02, 28.03, or 28.08, Penal Code, the judge shall make an
affirmative finding of fact and enter the affirmative finding in
the judgment of the case if at the guilt or innocence phase of the
trial, the judge or the jury, whichever is the trier of fact,
determines beyond a reasonable doubt that the defendant
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 defendant's bias or prejudice
against a group identified by race, color, disability, religion,
national origin or ancestry, age, gender, [or] sexual preference,
or gender identity or expression.
(c) In this article:
(1) "Gender identity or expression" means having or
being perceived as having a gender-related identity, appearance,
expression, or behavior, regardless of whether that identity,
appearance, expression, or behavior is different from that commonly
associated with the person's actual or perceived sex.
(2) "Sexual [, "sexual] preference" has the following
meaning only: a preference for heterosexuality, homosexuality, or
bisexuality.
SECTION 2. The change in law made by this Act applies only
to an offense committed on or after the effective date of this Act.
An offense committed before the effective date of this Act is
governed by the law in effect on the date the offense was committed,
and the former law is continued in effect for that purpose. For
purposes of this section, an offense was committed before the
effective date of this Act if any element of the offense occurred
before that date.
SECTION 3. This Act takes effect September 1, 2017.