Texas House Bill HB5017

Texas 2023 - 88th Regular

• Filed: 3/10/23

Caption

Relating to a criminal offense committed against a person because of bias or prejudice on the basis of sexual orientation or gender identity.

Impact

If passed, HB 5017 will specifically amend Article 42.014 of the Code of Criminal Procedure in Texas, thereby expanding the definition of bias-motivated offenses to include those motivated by sexual orientation and gender identity. This adjustment seeks to provide stronger legal recourse for victims who face crimes rooted in prejudice. The enforcement of this bill would signify a step forward in the legal recognition of LGBTQ+ issues, which historically have faced significant challenges within the legislative framework.

Summary

House Bill 5017 aims to enhance protections against criminal offenses motivated by bias or prejudice based on sexual orientation or gender identity. This bill seeks to amend the Code of Criminal Procedure to require judges to make affirmative findings of fact in cases that fall under specific Penal Code offenses when it is established that bias or prejudice was a motivating factor in the commission of the crime. This legislative change demonstrates a commitment to addressing hate crimes and ensuring that victims of such acts receive appropriate recognition and support under the law.

Sentiment

The sentiment around HB 5017 is largely positive among LGBTQ+ advocacy groups and rights activists who applaud the move towards greater recognition and protection against hate crimes. However, there may be opposition from groups who hold traditional views on gender and sexuality, suggesting that this amendment may overreach. This polarization reflects wider societal debates regarding LGBTQ+ rights, with advocacy for increased protection being countered by calls for maintaining 'traditional' definitions of crime and justice.

Contention

One point of contention regarding HB 5017 is whether the bill may lead to perceived favoritism in criminal justice outcomes or create divisions in how crimes are viewed based on the victim's identity. Critics argue that the expansion of bias-related definitions may complicate legal proceedings or introduce bias in adjudication. Furthermore, the effectiveness of this measure in addressing actual crime rates versus merely establishing symbolic recognition remains a topic of debate within legislative discussions.

Texas Constitutional Statutes Affected

Code Of Criminal Procedure

• Chapter 42. Judgment And Sentence
  • Section: New Section