Texas Senate Bill SB187

Texas 2019 - 86th Regular

Caption

Relating to making certain false alarms or reports because of bias or prejudice; increasing a criminal penalty.

Impact

The impact of this legislation is significant as it introduces a mandatory affirmative finding by the judge whenever prejudice is established as a factor in false reports. By increasing penalties for these offenses, the bill aims to discourage the filing of false alarms that may lead to unwarranted law enforcement actions against individuals based on discriminatory motives. This change is positioned to strengthen protections against bias-related offenses and ensure accountability for individuals who misuse law enforcement resources.

Summary

SB187 aims to address the issue of false alarms or reports made with biased or prejudicial intent. The bill seeks to establish stronger penalties for individuals who intentionally report incidents to law enforcement based on bias towards a person’s race, religion, gender, sexual orientation, or status as a peace officer or judge. The proposed changes to the Code of Criminal Procedure require judges to make an affirmative finding if a defendant is determined to have committed such an offense. This finding would be documented in the official judgment of the case.

Contention

Notably, there may be concerns regarding the implications of this legislation on lawful reporting practices. Some stakeholders might argue that the new provisions could potentially dissuade individuals from making legitimate reports out of fear of penalties if their motivations are questioned. Additionally, discussions around the fairness and practicality of determining bias in specific instances may arise, with questions about how biases are identified and proven in a legal context. Observers will need to monitor how this law is implemented and interpreted by the courts.