85R10778 KJE-F
By: Raymond H.B. No. 1919
A BILL TO BE ENTITLED
AN ACT
relating to increasing the punishment for an offense committed
against a person because of bias or prejudice on the basis of
service as a peace officer, a firefighter, or emergency medical
services personnel and to the confidentiality of personal
information regarding certain persons who provide that service.
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 the person's property that was
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 by service as a peace officer, a
firefighter, or emergency medical services personnel.
(c) In this article:
(1) "Emergency medical services personnel" has the
meaning assigned by Section 773.003, Health and Safety Code, and
includes active and retired personnel.
(2) "Firefighter" means a person who is a paid or
volunteer firefighter and includes an active or retired
firefighter.
(3) "Peace officer" means an active or retired peace
officer, as that term is defined under Article 2.12.
(4) "Sexual [, "sexual] preference" has the following
meaning only: a preference for heterosexuality, homosexuality, or
bisexuality.
SECTION 2. Section 552.117(a), Government Code, is amended
to read as follows:
(a) Information is excepted from the requirements of
Section 552.021 if it is information that relates to the home
address, home telephone number, emergency contact information, or
social security number of the following person or that reveals
whether the person has family members:
(1) a current or former official or employee of a
governmental body, except as otherwise provided by Section 552.024;
(2) a current or former peace officer as defined by
Article 2.12, Code of Criminal Procedure, or [a] security officer
commissioned under Section 51.212, Education Code, regardless of
whether the officer complies with Section 552.024 or 552.1175, as
applicable;
(3) a current or former employee of the Texas
Department of Criminal Justice or of the predecessor in function of
the department or any division of the department, regardless of
whether the current or former employee complies with Section
552.1175;
(4) a peace officer as defined by Article 2.12, Code of
Criminal Procedure, or other law, a reserve law enforcement
officer, a commissioned deputy game warden, or a corrections
officer in a municipal, county, or state penal institution in this
state who was killed in the line of duty, regardless of whether the
deceased complied with Section 552.024 or 552.1175;
(5) a commissioned security officer as defined by
Section 1702.002, Occupations Code, regardless of whether the
officer complies with Section 552.024 or 552.1175, as applicable;
(6) an officer or employee of a community supervision
and corrections department established under Chapter 76 who
performs a duty described by Section 76.004(b), regardless of
whether the officer or employee complies with Section 552.024 or
552.1175;
(7) a current or former employee of the office of the
attorney general who is or was assigned to a division of that office
the duties of which involve law enforcement, regardless of whether
the current or former employee complies with Section 552.024 or
552.1175;
(8) a current or former employee of the Texas Juvenile
Justice Department or of the predecessors in function of the
department, regardless of whether the current or former employee
complies with Section 552.024 or 552.1175;
(9) a current or former juvenile probation or
supervision officer certified by the Texas Juvenile Justice
Department, or the predecessors in function of the department,
under Title 12, Human Resources Code, regardless of whether the
current or former officer complies with Section 552.024 or
552.1175;
(10) a current or former employee of a juvenile
justice program or facility, as those terms are defined by Section
261.405, Family Code, regardless of whether the current or former
employee complies with Section 552.024 or 552.1175; [or]
(11) a current or former member of the Texas military
forces, as that term is defined by Section 437.001; or
(12) a current or former firefighter or current or
former emergency medical services personnel, as those terms are
defined by Article 42.014, Code of Criminal Procedure, regardless
of whether the person complies with Section 552.024 or 552.1175, as
applicable.
SECTION 3. The heading to Section 552.1175, Government
Code, is amended to read as follows:
Sec. 552.1175. CONFIDENTIALITY OF CERTAIN PERSONAL
IDENTIFYING INFORMATION OF PEACE OFFICERS, COUNTY JAILERS,
SECURITY OFFICERS, EMPLOYEES OF CERTAIN CRIMINAL OR JUVENILE
JUSTICE AGENCIES OR OFFICES, FIREFIGHTERS, EMERGENCY MEDICAL
SERVICES PERSONNEL, AND FEDERAL AND STATE JUDGES.
SECTION 4. Section 552.1175(a), Government Code, is amended
to read as follows:
(a) This section applies only to:
(1) current or former peace officers as defined by
Article 2.12, Code of Criminal Procedure;
(2) county jailers as defined by Section 1701.001,
Occupations Code;
(3) current or former employees of the Texas
Department of Criminal Justice or of the predecessor in function of
the department or any division of the department;
(4) commissioned security officers as defined by
Section 1702.002, Occupations Code;
(5) employees of a district attorney, criminal
district attorney, or county or municipal attorney whose
jurisdiction includes any criminal law or child protective services
matters;
(6) officers and employees of a community supervision
and corrections department established under Chapter 76 who perform
a duty described by Section 76.004(b);
(7) criminal investigators of the United States as
described by Article 2.122(a), Code of Criminal Procedure;
(8) police officers and inspectors of the United
States Federal Protective Service;
(9) current and former employees of the office of the
attorney general who are or were assigned to a division of that
office the duties of which involve law enforcement;
(10) current or former juvenile probation and
detention officers certified by the Texas Juvenile Justice
Department, or the predecessors in function of the department,
under Title 12, Human Resources Code;
(11) current or former employees of a juvenile justice
program or facility, as those terms are defined by Section 261.405,
Family Code;
(12) current or former employees of the Texas Juvenile
Justice Department or the predecessors in function of the
department; [and]
(13) current or former firefighters or emergency
medical services personnel, as those terms are defined by Article
42.014, Code of Criminal Procedure; and
(14) federal judges and state judges as defined by
Section 13.0021, Election Code.
SECTION 5. Section 12.47, Penal Code, is amended to read as
follows:
Sec. 12.47. PENALTY IF OFFENSE COMMITTED BECAUSE OF BIAS OR
PREJUDICE. (a) If an affirmative finding under Article 42.014,
Code of Criminal Procedure, is made in the trial of an offense other
than a first degree felony or a Class A misdemeanor, the punishment
for the offense is increased to the punishment prescribed for the
next highest category of offense. If the offense is a Class A
misdemeanor, the minimum term of confinement for the offense is
increased to 180 days.
(b) This section does not apply to the trial of:
(1) an offense of injury to a disabled individual
under Section [Sec.] 22.04, if the affirmative finding in the case
under Article 42.014, Code of Criminal Procedure, shows that the
defendant intentionally selected the victim because the victim was
disabled; or
(2) an offense for which the punishment is subject to
enhancement based on the victim's service as a peace officer, a
firefighter, or emergency medical services personnel, as those
terms are defined by Article 42.014, Code of Criminal Procedure.
(c) [(b)] The attorney general, if requested to do so by a
prosecuting attorney, may assist the prosecuting attorney in the
investigation or prosecution of an offense committed because of
bias or prejudice. The attorney general shall designate one
individual in the division of the attorney general's office that
assists in the prosecution of criminal cases to coordinate
responses to requests made under this subsection.
SECTION 6. Section 25.025(a), Tax Code, is amended to read
as follows:
(a) This section applies only to:
(1) a current or former peace officer as defined by
Article 2.12, Code of Criminal Procedure;
(2) a county jailer as defined by Section 1701.001,
Occupations Code;
(3) an employee of the Texas Department of Criminal
Justice;
(4) a commissioned security officer as defined by
Section 1702.002, Occupations Code;
(5) a victim of family violence as defined by Section
71.004, Family Code, if as a result of the act of family violence
against the victim, the actor is convicted of a felony or a Class A
misdemeanor;
(6) a federal judge, a state judge, or the spouse of a
federal judge or state judge;
(7) a current or former employee of a district
attorney, criminal district attorney, or county or municipal
attorney whose jurisdiction includes any criminal law or child
protective services matters;
(8) an officer or employee of a community supervision
and corrections department established under Chapter 76,
Government Code, who performs a duty described by Section 76.004(b)
of that code;
(9) a criminal investigator of the United States as
described by Article 2.122(a), Code of Criminal Procedure;
(10) a police officer or inspector of the United
States Federal Protective Service;
(11) a current or former United States attorney or
assistant United States attorney and the spouse and child of the
attorney;
(12) a current or former employee of the office of the
attorney general who is or was assigned to a division of that office
the duties of which involve law enforcement;
(13) a medical examiner or person who performs
forensic analysis or testing who is employed by this state or one or
more political subdivisions of this state;
(14) a current or former member of the United States
armed forces who has served in an area that the president of the
United States by executive order designates for purposes of 26
U.S.C. Section 112 as an area in which armed forces of the United
States are or have engaged in combat;
(15) a current or former employee of the Texas
Juvenile Justice Department or of the predecessors in function of
the department;
(16) a current or former juvenile probation or
supervision officer certified by the Texas Juvenile Justice
Department, or the predecessors in function of the department,
under Title 12, Human Resources Code; [and]
(17) a current or former employee of a juvenile
justice program or facility, as those terms are defined by Section
261.405, Family Code; and
(18) a current or former firefighter or current or
former emergency medical services personnel, as those terms are
defined by Article 42.014, Code of Criminal Procedure.
SECTION 7. Article 42.014, Code of Criminal Procedure, as
amended by this Act, and Section 12.47, Penal Code, as amended by
this Act, apply 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 8. This Act takes effect September 1, 2017.