Texas 2021 - 87th Regular

Texas House Bill HB3483 Compare Versions

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

Old	New	Differences
1	1	87R758 KJE-F
2	2	By: Rose H.B. No. 3483
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to increasing the punishment for the criminal offense of
8	8	making a false alarm or report to cause action by a law enforcement
9	9	agency against another person and for making that false alarm or
10	10	report because of bias or prejudice.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Article 42.014, Code of Criminal Procedure, is
13	13	amended by adding Subsection (a-1) to read as follows:
14	14	(a-1) In the trial of an offense under Section 42.06(a)(1),
15	15	Penal Code, the judge shall make an affirmative finding of fact and
16	16	enter the affirmative finding in the judgment of the case if at the
17	17	guilt or innocence phase of the trial, the judge or the jury,
18	18	whichever is the trier of fact, determines beyond a reasonable
19	19	doubt that the defendant:
20	20	(1) committed the offense for the purpose of causing a
21	21	law enforcement agency to take action against another person; and
22	22	(2) intentionally selected the person described by
23	23	Subdivision (1) because of the defendant's bias or prejudice
24	24	against a group identified by race, color, disability, religion,
25	25	national origin or ancestry, age, gender, or sexual preference or
26	26	by status as a peace officer or judge.
27	27	SECTION 2. Section 12.47(a), Penal Code, is amended to read
28	28	as follows:
29	29	(a) If an affirmative finding under Article 42.014, Code of
30	30	Criminal Procedure, is made in the trial of an offense other than a
31	31	first degree felony or a Class A misdemeanor, the punishment for the
32	32	offense is increased to the punishment prescribed for the next
33	33	highest category of offense. If the offense is a Class A
34	34	misdemeanor, the minimum term of confinement for the offense is
35	35	increased to 180 days. This section does not apply to the trial of
36	36	an offense of injury to a disabled individual under Section 22.04,
37	37	if the affirmative finding in the case under Article 42.014(a)
38	38	[42.014], Code of Criminal Procedure, shows that the defendant
39	39	intentionally selected the victim because the victim was disabled.
40	40	SECTION 3. Section 42.06(b), Penal Code, is amended to read
41	41	as follows:
42	42	(b) An offense under this section is a Class A misdemeanor,
43	43	except that the offense is:
44	44	(1) subject to Subdivision (2), a state jail felony if
45	45	[unless] the false report is of an emergency involving a public or
46	46	private institution of higher education or involving a public
47	47	primary or secondary school, public communications, public
48	48	transportation, public water, gas, or power supply or other public
49	49	service; and
50	50	(2) for an offense committed under Subsection (a)(1)
51	51	for the purpose of causing action by a law enforcement agency
52	52	against another person:
53	53	(A) [, in which event the offense is] a state jail
54	54	felony if an action taken by any law enforcement agency in response
55	55	to the false report results in serious bodily injury to any person;
56	56	or
57	57	(B) a felony of the third degree if an action
58	58	taken by any law enforcement agency in response to the false report
59	59	results in the death of any person.
60	60	SECTION 4. The change in law made by this Act applies only
61	61	to an offense committed on or after the effective date of this Act.
62	62	An offense committed before the effective date of this Act is
63	63	governed by the law in effect on the date the offense was committed,
64	64	and the former law is continued in effect for that purpose. For
65	65	purposes of this section, an offense was committed before the
66	66	effective date of this Act if any element of the offense occurred
67	67	before that date.
68	68	SECTION 5. This Act takes effect September 1, 2021.