87R758 KJE-F
By: Rose H.B. No. 3483
A BILL TO BE ENTITLED
AN ACT
relating to increasing the punishment for the criminal offense of
making a false alarm or report to cause action by a law enforcement
agency against another person and for making that false alarm or
report because of bias or prejudice.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 42.014, Code of Criminal Procedure, is
amended by adding Subsection (a-1) to read as follows:
(a-1) In the trial of an offense under Section 42.06(a)(1),
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:
(1) committed the offense for the purpose of causing a
law enforcement agency to take action against another person; and
(2) intentionally selected the person described by
Subdivision (1) 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 status as a peace officer or judge.
SECTION 2. Section 12.47(a), Penal Code, is amended to read
as follows:
(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. This section does not apply to the trial of
an offense of injury to a disabled individual under Section 22.04,
if the affirmative finding in the case under Article 42.014(a)
[42.014], Code of Criminal Procedure, shows that the defendant
intentionally selected the victim because the victim was disabled.
SECTION 3. Section 42.06(b), Penal Code, is amended to read
as follows:
(b) An offense under this section is a Class A misdemeanor,
except that the offense is:
(1) subject to Subdivision (2), a state jail felony if
[unless] the false report is of an emergency involving a public or
private institution of higher education or involving a public
primary or secondary school, public communications, public
transportation, public water, gas, or power supply or other public
service; and
(2) for an offense committed under Subsection (a)(1)
for the purpose of causing action by a law enforcement agency
against another person:
(A) [, in which event the offense is] a state jail
felony if an action taken by any law enforcement agency in response
to the false report results in serious bodily injury to any person;
or
(B) a felony of the third degree if an action
taken by any law enforcement agency in response to the false report
results in the death of any person.
SECTION 4. The change in law made by this Act applies 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 5. This Act takes effect September 1, 2021.