87R789 MAW-D
By: Sherman, Sr. H.B. No. 367
A BILL TO BE ENTITLED
AN ACT
relating to the prosecution and reporting of certain offenses
committed because of bias or prejudice; creating a criminal
offense.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 2.211, Code of Criminal Procedure, is
amended to read as follows:
Art. 2.211. HATE CRIME REPORTING. (a) In addition to
performing duties required by Article 2.21, a clerk of a district or
county court in which an affirmative finding under Article 42.014
is requested shall report that request to the Texas Judicial
Council, along with a statement as to whether the request was
granted by the court and, if so, whether the affirmative finding was
entered in the judgment in the case.
(b) If an affirmative finding was entered in the judgment in
the case as described by Subsection (a), the clerk shall provide
notice of the finding to the appropriate local law enforcement
agency to enable entry of the information into the National Crime
Information Center and Texas Crime Information Center. The agency
receiving the notice promptly shall enter the information into the
databases.
(c) The clerk shall make a [the] report or provide a notice
required by this article not later than the 30th day after the date
the judgment is entered in the case.
SECTION 2. Section 46.04, Penal Code, is amended by adding
Subsections (a-1) and (h) and amending Subsection (e) to read as
follows:
(a-1) A person who has been convicted of an offense under
Section 22.01, 22.011, 22.02, 22.021, 22.04, 22.05, 22.07, 25.11,
28.02, 28.03, or 28.08 for which the judgment contains an
affirmative finding under Article 42.014, Code of Criminal
Procedure, commits an offense if the person possesses a firearm
before the fifth anniversary of the later of:
(1) the date of the person's release from confinement
following the conviction; or
(2) the date of the person's release from supervision
under community supervision, parole, or mandatory supervision, as
applicable.
(e) An offense under this section is a Class A misdemeanor,
except that an offense under Subsection (a) or (a-1) is a felony of
the third degree. [An offense under Subsection (b) or (c) is a Class
A misdemeanor.]
(h) If conduct that constitutes an offense under Subsection
(a-1) also constitutes an offense under Subsection (a), the actor
may be prosecuted under Subsection (a) or (a-1), but not both. If
conduct that constitutes an offense under Subsection (a-1) also
constitutes an offense under Subsection (b), the actor may be
prosecuted under Subsection (a-1) or (b), but not both.
SECTION 3. 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 4. This Act takes effect September 1, 2021.