85R3512 KJE-D
By: Villalba H.B. No. 429
A BILL TO BE ENTITLED
AN ACT
relating to increasing the punishment for an offense committed
against a person because of the person's status as a peace officer,
a firefighter, or emergency medical services personnel.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Articles 6.08(a), (b), and (c), Code of Criminal
Procedure, are amended to read as follows:
(a) At any proceeding in which the defendant appears in
constitutional county court, statutory county court, or district
court that is related to an offense under Title 5, Penal Code, or
Section 28.02, 28.03, or 28.08, Penal Code, in which it is alleged
that the defendant committed the offense for a purpose or reason
[because of bias or prejudice as] described by Article 42.014, a
person may request the court to render a protective order under
Title 4, Family Code, for the protection of the person.
(b) The court shall render a protective order in the manner
provided by Title 4, Family Code, if, in lieu of the finding that
family violence occurred and is likely to occur in the future as
required by Section 85.001, Family Code, the court finds that
probable cause exists to believe that an offense under Title 5,
Penal Code, or Section 28.02, 28.03, or 28.08, Penal Code,
occurred, that the defendant committed the offense for a purpose or
reason described by Article 42.014 [because of bias or prejudice],
and that the nature of the scheme or course of conduct engaged in by
the defendant in the commission of the offense indicates that the
defendant is likely to engage in the future in conduct prohibited by
Title 5, Penal Code, or Section 28.02, 28.03, or 28.08, Penal Code,
and committed for a purpose or reason described by Article 42.014
[because of bias or prejudice].
(c) The procedure for the enforcement of a protective order
under Title 4, Family Code, applies to the fullest extent
practicable to the enforcement of a protective order under this
article, including provisions relating to findings, contents,
duration, warning, delivery, law enforcement duties, and
modification, except that:
(1) the printed statement on the warning must refer to
the prosecution of subsequent offenses committed for a purpose or
reason described by Article 42.014 [because of bias or prejudice];
(2) the court shall require a constable to serve a
protective order issued under this article; and
(3) the clerk of the court shall forward a copy of a
protective order issued under this article to the Department of
Public Safety with a designation indicating that the order was
issued to prevent offenses committed for a purpose or reason
described by Article 42.014 [because of bias or prejudice].
SECTION 2. 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:
(1) 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
(2) the person's status 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.
(2) "Firefighter" means a person who is a paid or
volunteer firefighter.
(3) "Sexual [, "sexual] preference" has the following
meaning only: a preference for heterosexuality, homosexuality, or
bisexuality.
SECTION 3. Section 22.111, Government Code, is amended to
read as follows:
Sec. 22.111. TRAINING FOR PROSECUTING ATTORNEYS RELATED TO
PUNISHMENT ENHANCEMENT BECAUSE OF BIAS OR PREJUDICE. The court of
criminal appeals shall provide to prosecuting attorneys training
related to the use of Section 12.47, Penal Code, and Article 42.014,
Code of Criminal Procedure, for enhancing punishment on a finding
that an offense was committed for a purpose or reason described by
[because of the defendant's bias or prejudice as defined in]
Article 42.014, Code of Criminal Procedure.
SECTION 4. 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 status as a peace officer, a
firefighter, or emergency medical services personnel.
(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 for a purpose
or reason described by Article 42.014, Code of Criminal Procedure
[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.
(d) In this section:
(1) "Emergency medical services personnel" and
"firefighter" have the meanings assigned by Article 42.014, Code of
Criminal Procedure.
(2) "Peace officer" has the meaning assigned by
Article 2.12, Code of Criminal Procedure.
SECTION 5. Section 25.071(a), Penal Code, is amended to
read as follows:
(a) A person commits an offense if, in violation of an order
issued under Article 6.08, Code of Criminal Procedure, the person
knowingly or intentionally:
(1) commits an offense under Title 5 or Section 28.02,
28.03, or 28.08 and commits the offense for a purpose or reason
[because of bias or prejudice as] described by Article 42.014, Code
of Criminal Procedure;
(2) communicates:
(A) directly with a protected individual in a
threatening or harassing manner;
(B) a threat through any person to a protected
individual; or
(C) in any manner with the protected individual,
if the order prohibits any communication with a protected
individual; or
(3) goes to or near the residence or place of
employment or business of a protected individual.
SECTION 6. The changes in law made 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 7. This Act takes effect September 1, 2017.