| 1 | 1 | | 87R789 MAW-D |
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| 2 | 2 | | By: Sherman, Sr. H.B. No. 367 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the prosecution and reporting of certain offenses |
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| 8 | 8 | | committed because of bias or prejudice; creating a criminal |
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| 9 | 9 | | offense. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Article 2.211, Code of Criminal Procedure, is |
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| 12 | 12 | | amended to read as follows: |
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| 13 | 13 | | Art. 2.211. HATE CRIME REPORTING. (a) In addition to |
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| 14 | 14 | | performing duties required by Article 2.21, a clerk of a district or |
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| 15 | 15 | | county court in which an affirmative finding under Article 42.014 |
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| 16 | 16 | | is requested shall report that request to the Texas Judicial |
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| 17 | 17 | | Council, along with a statement as to whether the request was |
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| 18 | 18 | | granted by the court and, if so, whether the affirmative finding was |
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| 19 | 19 | | entered in the judgment in the case. |
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| 20 | 20 | | (b) If an affirmative finding was entered in the judgment in |
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| 21 | 21 | | the case as described by Subsection (a), the clerk shall provide |
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| 22 | 22 | | notice of the finding to the appropriate local law enforcement |
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| 23 | 23 | | agency to enable entry of the information into the National Crime |
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| 24 | 24 | | Information Center and Texas Crime Information Center. The agency |
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| 25 | 25 | | receiving the notice promptly shall enter the information into the |
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| 26 | 26 | | databases. |
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| 27 | 27 | | (c) The clerk shall make a [the] report or provide a notice |
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| 28 | 28 | | required by this article not later than the 30th day after the date |
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| 29 | 29 | | the judgment is entered in the case. |
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| 30 | 30 | | SECTION 2. Section 46.04, Penal Code, is amended by adding |
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| 31 | 31 | | Subsections (a-1) and (h) and amending Subsection (e) to read as |
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| 32 | 32 | | follows: |
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| 33 | 33 | | (a-1) A person who has been convicted of an offense under |
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| 34 | 34 | | Section 22.01, 22.011, 22.02, 22.021, 22.04, 22.05, 22.07, 25.11, |
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| 35 | 35 | | 28.02, 28.03, or 28.08 for which the judgment contains an |
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| 36 | 36 | | affirmative finding under Article 42.014, Code of Criminal |
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| 37 | 37 | | Procedure, commits an offense if the person possesses a firearm |
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| 38 | 38 | | before the fifth anniversary of the later of: |
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| 39 | 39 | | (1) the date of the person's release from confinement |
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| 40 | 40 | | following the conviction; or |
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| 41 | 41 | | (2) the date of the person's release from supervision |
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| 42 | 42 | | under community supervision, parole, or mandatory supervision, as |
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| 43 | 43 | | applicable. |
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| 44 | 44 | | (e) An offense under this section is a Class A misdemeanor, |
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| 45 | 45 | | except that an offense under Subsection (a) or (a-1) is a felony of |
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| 46 | 46 | | the third degree. [An offense under Subsection (b) or (c) is a Class |
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| 47 | 47 | | A misdemeanor.] |
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| 48 | 48 | | (h) If conduct that constitutes an offense under Subsection |
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| 49 | 49 | | (a-1) also constitutes an offense under Subsection (a), the actor |
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| 50 | 50 | | may be prosecuted under Subsection (a) or (a-1), but not both. If |
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| 51 | 51 | | conduct that constitutes an offense under Subsection (a-1) also |
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| 52 | 52 | | constitutes an offense under Subsection (b), the actor may be |
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| 53 | 53 | | prosecuted under Subsection (a-1) or (b), but not both. |
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| 54 | 54 | | SECTION 3. The change in law made by this Act applies only |
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| 55 | 55 | | to an offense committed on or after the effective date of this Act. |
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| 56 | 56 | | An offense committed before the effective date of this Act is |
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| 57 | 57 | | governed by the law in effect on the date the offense was committed, |
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| 58 | 58 | | and the former law is continued in effect for that purpose. For |
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| 59 | 59 | | purposes of this section, an offense was committed before the |
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| 60 | 60 | | effective date of this Act if any element of the offense occurred |
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| 61 | 61 | | before that date. |
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| 62 | 62 | | SECTION 4. This Act takes effect September 1, 2021. |
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