| 1 | 1 | | By: Rosenthal H.B. No. 595 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to making certain false alarms or reports because of bias |
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| 7 | 7 | | or prejudice; increasing a criminal penalty. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Article 42.014, Code of Criminal Procedure, is |
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| 10 | 10 | | amended by adding Subsection (a-1) to read as follows: |
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| 11 | 11 | | (a-1) In the trial of an offense under Section 42.06(a)(1), |
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| 12 | 12 | | Penal Code, the judge shall make an affirmative finding of fact and |
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| 13 | 13 | | enter the affirmative finding in the judgment of the case if at the |
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| 14 | 14 | | guilt or innocence phase of the trial, the judge or the jury, |
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| 15 | 15 | | whichever is the trier of fact, determines beyond a reasonable |
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| 16 | 16 | | doubt that the defendant: |
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| 17 | 17 | | (1) committed the offense for the purpose of causing a |
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| 18 | 18 | | law enforcement agency to take action against another person; and |
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| 19 | 19 | | (2) intentionally selected the person described by |
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| 20 | 20 | | Subdivision (1) because of the defendant's bias or prejudice |
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| 21 | 21 | | against a group identified by race, color, disability, religion, |
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| 22 | 22 | | national origin or ancestry, age, gender, or sexual preference or |
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| 23 | 23 | | by status as a peace officer or judge. |
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| 24 | 24 | | SECTION 2. Section 12.47(a), Penal Code, is amended to read |
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| 25 | 25 | | as follows: |
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| 26 | 26 | | (a) If an affirmative finding under Article 42.014, Code of |
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| 27 | 27 | | Criminal Procedure, is made in the trial of an offense other than a |
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| 28 | 28 | | first degree felony or a Class A misdemeanor, the punishment for the |
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| 29 | 29 | | offense is increased to the punishment prescribed for the next |
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| 30 | 30 | | highest category of offense. If the offense is a Class A |
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| 31 | 31 | | misdemeanor, the minimum term of confinement for the offense is |
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| 32 | 32 | | increased to 180 days. This section does not apply to the trial of |
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| 33 | 33 | | an offense of injury to a disabled individual under Sec. 22.04, if |
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| 34 | 34 | | the affirmative finding in the case under Article 42.014(a) |
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| 35 | 35 | | [42.014], Code of Criminal Procedure, shows that the defendant |
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| 36 | 36 | | intentionally selected the victim because the victim was disabled. |
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| 37 | 37 | | SECTION 3. The change in law made by this Act applies only |
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| 38 | 38 | | to an offense committed on or after the effective date of this Act. |
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| 39 | 39 | | An offense committed before the effective date of this Act is |
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| 40 | 40 | | governed by the law in effect on the date the offense was committed, |
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| 41 | 41 | | and the former law is continued in effect for that purpose. For |
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| 42 | 42 | | purposes of this section, an offense was committed before the |
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| 43 | 43 | | effective date of this Act if any element of the offense occurred |
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| 44 | 44 | | before that date. |
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| 45 | 45 | | SECTION 4. This Act takes effect September 1, 2019. |
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