Texas 2017 - 85th Regular

Texas House Bill HB429 Compare Versions

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

Old	New	Differences
1	1	85R3512 KJE-D
2	2	By: Villalba H.B. No. 429
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 the person's status as a peace officer,
9	9	a firefighter, or emergency medical services personnel.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Articles 6.08(a), (b), and (c), Code of Criminal
12	12	Procedure, are amended to read as follows:
13	13	(a) At any proceeding in which the defendant appears in
14	14	constitutional county court, statutory county court, or district
15	15	court that is related to an offense under Title 5, Penal Code, or
16	16	Section 28.02, 28.03, or 28.08, Penal Code, in which it is alleged
17	17	that the defendant committed the offense for a purpose or reason
18	18	[because of bias or prejudice as] described by Article 42.014, a
19	19	person may request the court to render a protective order under
20	20	Title 4, Family Code, for the protection of the person.
21	21	(b) The court shall render a protective order in the manner
22	22	provided by Title 4, Family Code, if, in lieu of the finding that
23	23	family violence occurred and is likely to occur in the future as
24	24	required by Section 85.001, Family Code, the court finds that
25	25	probable cause exists to believe that an offense under Title 5,
26	26	Penal Code, or Section 28.02, 28.03, or 28.08, Penal Code,
27	27	occurred, that the defendant committed the offense for a purpose or
28	28	reason described by Article 42.014 [because of bias or prejudice],
29	29	and that the nature of the scheme or course of conduct engaged in by
30	30	the defendant in the commission of the offense indicates that the
31	31	defendant is likely to engage in the future in conduct prohibited by
32	32	Title 5, Penal Code, or Section 28.02, 28.03, or 28.08, Penal Code,
33	33	and committed for a purpose or reason described by Article 42.014
34	34	[because of bias or prejudice].
35	35	(c) The procedure for the enforcement of a protective order
36	36	under Title 4, Family Code, applies to the fullest extent
37	37	practicable to the enforcement of a protective order under this
38	38	article, including provisions relating to findings, contents,
39	39	duration, warning, delivery, law enforcement duties, and
40	40	modification, except that:
41	41	(1) the printed statement on the warning must refer to
42	42	the prosecution of subsequent offenses committed for a purpose or
43	43	reason described by Article 42.014 [because of bias or prejudice];
44	44	(2) the court shall require a constable to serve a
45	45	protective order issued under this article; and
46	46	(3) the clerk of the court shall forward a copy of a
47	47	protective order issued under this article to the Department of
48	48	Public Safety with a designation indicating that the order was
49	49	issued to prevent offenses committed for a purpose or reason
50	50	described by Article 42.014 [because of bias or prejudice].
51	51	SECTION 2. Articles 42.014(a) and (c), Code of Criminal
52	52	Procedure, are amended to read as follows:
53	53	(a) In the trial of an offense under Title 5, Penal Code, or
54	54	Section 28.02, 28.03, or 28.08, Penal Code, the judge shall make an
55	55	affirmative finding of fact and enter the affirmative finding in
56	56	the judgment of the case if at the guilt or innocence phase of the
57	57	trial, the judge or the jury, whichever is the trier of fact,
58	58	determines beyond a reasonable doubt that the defendant
59	59	intentionally selected the person against whom the offense was
60	60	committed, or intentionally selected the person's property that was
61	61	damaged or affected as a result of the offense, because of:
62	62	(1) the defendant's bias or prejudice against a group
63	63	identified by race, color, disability, religion, national origin or
64	64	ancestry, age, gender, or sexual preference; or
65	65	(2) the person's status as a peace officer, a
66	66	firefighter, or emergency medical services personnel.
67	67	(c) In this article:
68	68	(1) "Emergency medical services personnel" has the
69	69	meaning assigned by Section 773.003, Health and Safety Code.
70	70	(2) "Firefighter" means a person who is a paid or
71	71	volunteer firefighter.
72	72	(3) "Sexual [, "sexual] preference" has the following
73	73	meaning only: a preference for heterosexuality, homosexuality, or
74	74	bisexuality.
75	75	SECTION 3. Section 22.111, Government Code, is amended to
76	76	read as follows:
77	77	Sec. 22.111. TRAINING FOR PROSECUTING ATTORNEYS RELATED TO
78	78	PUNISHMENT ENHANCEMENT BECAUSE OF BIAS OR PREJUDICE. The court of
79	79	criminal appeals shall provide to prosecuting attorneys training
80	80	related to the use of Section 12.47, Penal Code, and Article 42.014,
81	81	Code of Criminal Procedure, for enhancing punishment on a finding
82	82	that an offense was committed for a purpose or reason described by
83	83	[because of the defendant's bias or prejudice as defined in]
84	84	Article 42.014, Code of Criminal Procedure.
85	85	SECTION 4. Section 12.47, Penal Code, is amended to read as
86	86	follows:
87	87	Sec. 12.47. PENALTY IF OFFENSE COMMITTED BECAUSE OF BIAS OR
88	88	PREJUDICE. (a) If an affirmative finding under Article 42.014,
89	89	Code of Criminal Procedure, is made in the trial of an offense other
90	90	than a first degree felony or a Class A misdemeanor, the punishment
91	91	for the offense is increased to the punishment prescribed for the
92	92	next highest category of offense. If the offense is a Class A
93	93	misdemeanor, the minimum term of confinement for the offense is
94	94	increased to 180 days.
95	95	(b) This section does not apply to the trial of:
96	96	(1) an offense of injury to a disabled individual
97	97	under Section [Sec.] 22.04, if the affirmative finding in the case
98	98	under Article 42.014, Code of Criminal Procedure, shows that the
99	99	defendant intentionally selected the victim because the victim was
100	100	disabled; or
101	101	(2) an offense for which the punishment is subject to
102	102	enhancement based on the victim's status as a peace officer, a
103	103	firefighter, or emergency medical services personnel.
104	104	(c) [(b)] The attorney general, if requested to do so by a
105	105	prosecuting attorney, may assist the prosecuting attorney in the
106	106	investigation or prosecution of an offense committed for a purpose
107	107	or reason described by Article 42.014, Code of Criminal Procedure
108	108	[because of bias or prejudice]. The attorney general shall
109	109	designate one individual in the division of the attorney general's
110	110	office that assists in the prosecution of criminal cases to
111	111	coordinate responses to requests made under this subsection.
112	112	(d) In this section:
113	113	(1) "Emergency medical services personnel" and
114	114	"firefighter" have the meanings assigned by Article 42.014, Code of
115	115	Criminal Procedure.
116	116	(2) "Peace officer" has the meaning assigned by
117	117	Article 2.12, Code of Criminal Procedure.
118	118	SECTION 5. Section 25.071(a), Penal Code, is amended to
119	119	read as follows:
120	120	(a) A person commits an offense if, in violation of an order
121	121	issued under Article 6.08, Code of Criminal Procedure, the person
122	122	knowingly or intentionally:
123	123	(1) commits an offense under Title 5 or Section 28.02,
124	124	28.03, or 28.08 and commits the offense for a purpose or reason
125	125	[because of bias or prejudice as] described by Article 42.014, Code
126	126	of Criminal Procedure;
127	127	(2) communicates:
128	128	(A) directly with a protected individual in a
129	129	threatening or harassing manner;
130	130	(B) a threat through any person to a protected
131	131	individual; or
132	132	(C) in any manner with the protected individual,
133	133	if the order prohibits any communication with a protected
134	134	individual; or
135	135	(3) goes to or near the residence or place of
136	136	employment or business of a protected individual.
137	137	SECTION 6. The changes in law made by this Act apply only to
138	138	an offense committed on or after the effective date of this Act. An
139	139	offense committed before the effective date of this Act is governed
140	140	by the law in effect on the date the offense was committed, and the
141	141	former law is continued in effect for that purpose. For purposes of
142	142	this section, an offense was committed before the effective date of
143	143	this Act if any element of the offense occurred before that date.
144	144	SECTION 7. This Act takes effect September 1, 2017.