Texas 2017 - 85th Regular

Texas House Bill HB1919 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	85R10778 KJE-F
2	2	By: Raymond H.B. No. 1919
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to increasing the punishment for an offense committed
8	8	against a person because of bias or prejudice on the basis of
9	9	service as a peace officer, a firefighter, or emergency medical
10	10	services personnel and to the confidentiality of personal
11	11	information regarding certain persons who provide that service.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Articles 42.014(a) and (c), Code of Criminal
14	14	Procedure, are amended to read as follows:
15	15	(a) In the trial of an offense under Title 5, Penal Code, or
16	16	Section 28.02, 28.03, or 28.08, Penal Code, the judge shall make an
17	17	affirmative finding of fact and enter the affirmative finding in
18	18	the judgment of the case if at the guilt or innocence phase of the
19	19	trial, the judge or the jury, whichever is the trier of fact,
20	20	determines beyond a reasonable doubt that the defendant
21	21	intentionally selected the person against whom the offense was
22	22	committed, or intentionally selected the person's property that was
23	23	damaged or affected as a result of the offense, because of the
24	24	defendant's bias or prejudice against a group identified by race,
25	25	color, disability, religion, national origin or ancestry, age,
26	26	gender, or sexual preference or by service as a peace officer, a
27	27	firefighter, or emergency medical services personnel.
28	28	(c) In this article:
29	29	(1) "Emergency medical services personnel" has the
30	30	meaning assigned by Section 773.003, Health and Safety Code, and
31	31	includes active and retired personnel.
32	32	(2) "Firefighter" means a person who is a paid or
33	33	volunteer firefighter and includes an active or retired
34	34	firefighter.
35	35	(3) "Peace officer" means an active or retired peace
36	36	officer, as that term is defined under Article 2.12.
37	37	(4) "Sexual [, "sexual] preference" has the following
38	38	meaning only: a preference for heterosexuality, homosexuality, or
39	39	bisexuality.
40	40	SECTION 2. Section 552.117(a), Government Code, is amended
41	41	to read as follows:
42	42	(a) Information is excepted from the requirements of
43	43	Section 552.021 if it is information that relates to the home
44	44	address, home telephone number, emergency contact information, or
45	45	social security number of the following person or that reveals
46	46	whether the person has family members:
47	47	(1) a current or former official or employee of a
48	48	governmental body, except as otherwise provided by Section 552.024;
49	49	(2) a current or former peace officer as defined by
50	50	Article 2.12, Code of Criminal Procedure, or [a] security officer
51	51	commissioned under Section 51.212, Education Code, regardless of
52	52	whether the officer complies with Section 552.024 or 552.1175, as
53	53	applicable;
54	54	(3) a current or former employee of the Texas
55	55	Department of Criminal Justice or of the predecessor in function of
56	56	the department or any division of the department, regardless of
57	57	whether the current or former employee complies with Section
58	58	552.1175;
59	59	(4) a peace officer as defined by Article 2.12, Code of
60	60	Criminal Procedure, or other law, a reserve law enforcement
61	61	officer, a commissioned deputy game warden, or a corrections
62	62	officer in a municipal, county, or state penal institution in this
63	63	state who was killed in the line of duty, regardless of whether the
64	64	deceased complied with Section 552.024 or 552.1175;
65	65	(5) a commissioned security officer as defined by
66	66	Section 1702.002, Occupations Code, regardless of whether the
67	67	officer complies with Section 552.024 or 552.1175, as applicable;
68	68	(6) an officer or employee of a community supervision
69	69	and corrections department established under Chapter 76 who
70	70	performs a duty described by Section 76.004(b), regardless of
71	71	whether the officer or employee complies with Section 552.024 or
72	72	552.1175;
73	73	(7) a current or former employee of the office of the
74	74	attorney general who is or was assigned to a division of that office
75	75	the duties of which involve law enforcement, regardless of whether
76	76	the current or former employee complies with Section 552.024 or
77	77	552.1175;
78	78	(8) a current or former employee of the Texas Juvenile
79	79	Justice Department or of the predecessors in function of the
80	80	department, regardless of whether the current or former employee
81	81	complies with Section 552.024 or 552.1175;
82	82	(9) a current or former juvenile probation or
83	83	supervision officer certified by the Texas Juvenile Justice
84	84	Department, or the predecessors in function of the department,
85	85	under Title 12, Human Resources Code, regardless of whether the
86	86	current or former officer complies with Section 552.024 or
87	87	552.1175;
88	88	(10) a current or former employee of a juvenile
89	89	justice program or facility, as those terms are defined by Section
90	90	261.405, Family Code, regardless of whether the current or former
91	91	employee complies with Section 552.024 or 552.1175; [or]
92	92	(11) a current or former member of the Texas military
93	93	forces, as that term is defined by Section 437.001; or
94	94	(12) a current or former firefighter or current or
95	95	former emergency medical services personnel, as those terms are
96	96	defined by Article 42.014, Code of Criminal Procedure, regardless
97	97	of whether the person complies with Section 552.024 or 552.1175, as
98	98	applicable.
99	99	SECTION 3. The heading to Section 552.1175, Government
100	100	Code, is amended to read as follows:
101	101	Sec. 552.1175. CONFIDENTIALITY OF CERTAIN PERSONAL
102	102	IDENTIFYING INFORMATION OF PEACE OFFICERS, COUNTY JAILERS,
103	103	SECURITY OFFICERS, EMPLOYEES OF CERTAIN CRIMINAL OR JUVENILE
104	104	JUSTICE AGENCIES OR OFFICES, FIREFIGHTERS, EMERGENCY MEDICAL
105	105	SERVICES PERSONNEL, AND FEDERAL AND STATE JUDGES.
106	106	SECTION 4. Section 552.1175(a), Government Code, is amended
107	107	to read as follows:
108	108	(a) This section applies only to:
109	109	(1) current or former peace officers as defined by
110	110	Article 2.12, Code of Criminal Procedure;
111	111	(2) county jailers as defined by Section 1701.001,
112	112	Occupations Code;
113	113	(3) current or former employees of the Texas
114	114	Department of Criminal Justice or of the predecessor in function of
115	115	the department or any division of the department;
116	116	(4) commissioned security officers as defined by
117	117	Section 1702.002, Occupations Code;
118	118	(5) employees of a district attorney, criminal
119	119	district attorney, or county or municipal attorney whose
120	120	jurisdiction includes any criminal law or child protective services
121	121	matters;
122	122	(6) officers and employees of a community supervision
123	123	and corrections department established under Chapter 76 who perform
124	124	a duty described by Section 76.004(b);
125	125	(7) criminal investigators of the United States as
126	126	described by Article 2.122(a), Code of Criminal Procedure;
127	127	(8) police officers and inspectors of the United
128	128	States Federal Protective Service;
129	129	(9) current and former employees of the office of the
130	130	attorney general who are or were assigned to a division of that
131	131	office the duties of which involve law enforcement;
132	132	(10) current or former juvenile probation and
133	133	detention officers certified by the Texas Juvenile Justice
134	134	Department, or the predecessors in function of the department,
135	135	under Title 12, Human Resources Code;
136	136	(11) current or former employees of a juvenile justice
137	137	program or facility, as those terms are defined by Section 261.405,
138	138	Family Code;
139	139	(12) current or former employees of the Texas Juvenile
140	140	Justice Department or the predecessors in function of the
141	141	department; [and]
142	142	(13) current or former firefighters or emergency
143	143	medical services personnel, as those terms are defined by Article
144	144	42.014, Code of Criminal Procedure; and
145	145	(14) federal judges and state judges as defined by
146	146	Section 13.0021, Election Code.
147	147	SECTION 5. Section 12.47, Penal Code, is amended to read as
148	148	follows:
149	149	Sec. 12.47. PENALTY IF OFFENSE COMMITTED BECAUSE OF BIAS OR
150	150	PREJUDICE. (a) If an affirmative finding under Article 42.014,
151	151	Code of Criminal Procedure, is made in the trial of an offense other
152	152	than a first degree felony or a Class A misdemeanor, the punishment
153	153	for the offense is increased to the punishment prescribed for the
154	154	next highest category of offense. If the offense is a Class A
155	155	misdemeanor, the minimum term of confinement for the offense is
156	156	increased to 180 days.
157	157	(b) This section does not apply to the trial of:
158	158	(1) an offense of injury to a disabled individual
159	159	under Section [Sec.] 22.04, if the affirmative finding in the case
160	160	under Article 42.014, Code of Criminal Procedure, shows that the
161	161	defendant intentionally selected the victim because the victim was
162	162	disabled; or
163	163	(2) an offense for which the punishment is subject to
164	164	enhancement based on the victim's service as a peace officer, a
165	165	firefighter, or emergency medical services personnel, as those
166	166	terms are defined by Article 42.014, Code of Criminal Procedure.
167	167	(c) [(b)] The attorney general, if requested to do so by a
168	168	prosecuting attorney, may assist the prosecuting attorney in the
169	169	investigation or prosecution of an offense committed because of
170	170	bias or prejudice. The attorney general shall designate one
171	171	individual in the division of the attorney general's office that
172	172	assists in the prosecution of criminal cases to coordinate
173	173	responses to requests made under this subsection.
174	174	SECTION 6. Section 25.025(a), Tax Code, is amended to read
175	175	as follows:
176	176	(a) This section applies only to:
177	177	(1) a current or former peace officer as defined by
178	178	Article 2.12, Code of Criminal Procedure;
179	179	(2) a county jailer as defined by Section 1701.001,
180	180	Occupations Code;
181	181	(3) an employee of the Texas Department of Criminal
182	182	Justice;
183	183	(4) a commissioned security officer as defined by
184	184	Section 1702.002, Occupations Code;
185	185	(5) a victim of family violence as defined by Section
186	186	71.004, Family Code, if as a result of the act of family violence
187	187	against the victim, the actor is convicted of a felony or a Class A
188	188	misdemeanor;
189	189	(6) a federal judge, a state judge, or the spouse of a
190	190	federal judge or state judge;
191	191	(7) a current or former employee of a district
192	192	attorney, criminal district attorney, or county or municipal
193	193	attorney whose jurisdiction includes any criminal law or child
194	194	protective services matters;
195	195	(8) an officer or employee of a community supervision
196	196	and corrections department established under Chapter 76,
197	197	Government Code, who performs a duty described by Section 76.004(b)
198	198	of that code;
199	199	(9) a criminal investigator of the United States as
200	200	described by Article 2.122(a), Code of Criminal Procedure;
201	201	(10) a police officer or inspector of the United
202	202	States Federal Protective Service;
203	203	(11) a current or former United States attorney or
204	204	assistant United States attorney and the spouse and child of the
205	205	attorney;
206	206	(12) a current or former employee of the office of the
207	207	attorney general who is or was assigned to a division of that office
208	208	the duties of which involve law enforcement;
209	209	(13) a medical examiner or person who performs
210	210	forensic analysis or testing who is employed by this state or one or
211	211	more political subdivisions of this state;
212	212	(14) a current or former member of the United States
213	213	armed forces who has served in an area that the president of the
214	214	United States by executive order designates for purposes of 26
215	215	U.S.C. Section 112 as an area in which armed forces of the United
216	216	States are or have engaged in combat;
217	217	(15) a current or former employee of the Texas
218	218	Juvenile Justice Department or of the predecessors in function of
219	219	the department;
220	220	(16) a current or former juvenile probation or
221	221	supervision officer certified by the Texas Juvenile Justice
222	222	Department, or the predecessors in function of the department,
223	223	under Title 12, Human Resources Code; [and]
224	224	(17) a current or former employee of a juvenile
225	225	justice program or facility, as those terms are defined by Section
226	226	261.405, Family Code; and
227	227	(18) a current or former firefighter or current or
228	228	former emergency medical services personnel, as those terms are
229	229	defined by Article 42.014, Code of Criminal Procedure.
230	230	SECTION 7. Article 42.014, Code of Criminal Procedure, as
231	231	amended by this Act, and Section 12.47, Penal Code, as amended by
232	232	this Act, apply only to an offense committed on or after the
233	233	effective date of this Act. An offense committed before the
234	234	effective date of this Act is governed by the law in effect on the
235	235	date the offense was committed, and the former law is continued in
236	236	effect for that purpose. For purposes of this section, an offense
237	237	was committed before the effective date of this Act if any element
238	238	of the offense occurred before that date.
239	239	SECTION 8. This Act takes effect September 1, 2017.