Relating to hate crimes, including criminal and civil liability for those crimes and the hate crime prevention grant program; increasing a criminal penalty.
Impact
If enacted, HB 4982 would likely lead to significant changes in how hate crimes are prosecuted in the state. The introduction of civil liability allows victims to sue for damages without requiring a criminal conviction, thus providing an additional layer of recourse for those affected by hate crimes. This change may lead to increased accountability for offenders and can potentially deter future hate crimes by enhancing the legal ramifications associated with such actions.
Summary
House Bill 4982, titled the Texas Hate Crimes Prevention and Victim Protection Act, aims to enhance legal protections against hate crimes in Texas by introducing both criminal and civil liabilities for perpetrators. The bill defines a hate crime as an offense motivated by bias against specific groups, which can include race, religion, gender identity, and disability, among others. In addition to strengthening penalties, the bill proposes a hate crime prevention grant program aimed at supporting law enforcement efforts in investigating and addressing hate crimes more effectively.
Contention
While the bill is generally supported by advocates for social justice and victim rights, there may be points of contention regarding the definitions utilized within the legislation and the potential for misapplication. Detractors may argue that broadly defined hate crimes could inadvertently infringe upon free speech rights or be used to target specific ideologies rather than focus solely on acts of violence and property damage motivated by prejudice. Additionally, the effective implementation of the grant program could also raise budgetary concerns.
Texas Constitutional Statutes Affected
Code Of Criminal Procedure
Chapter 7. Proceedings Before Magistrates To Prevent Offenses
Section: New Section
Chapter 42. Judgment And Sentence
Section: New Section
Civil Practice And Remedies Code
Chapter 100. Use Of Force In Defense Of Commercial Nuclear Power Plants
Section: New Section
Government Code
Chapter 411. Department Of Public Safety Of The State Of Texas
Relating to measures to address public safety threats in this state presented by transnational criminal activity, including by establishing a Texas Border Force, and to compensate persons affected by those threats; increasing criminal penalties; creating criminal offenses.
Relating to measures to address public safety threats in this state presented by transnational criminal activity, including by establishing a Texas Border Force, and to compensate persons affected by those threats; increasing criminal penalties; creating criminal offenses.
Relating to certain criminal conduct and organizations that threaten the security of this state and its residents and borders; increasing criminal penalties.
Relating to catalytic converters, including criminal conduct involving catalytic converters; providing an administrative penalty; creating a criminal offense; increasing a criminal penalty; increasing a fee.
Relating to catalytic converters, including criminal conduct involving catalytic converters; providing an administrative penalty; creating a criminal offense; increasing a criminal penalty; increasing a fee.
Relating to human trafficking, including the prosecution and punishment of compelling and solicitation of prostitution and other sexual or assaultive offenses; increasing a criminal penalty; creating a criminal offense.
Relating to court costs imposed on conviction and deposited to the courthouse security fund or the municipal court building security fund; increasing fees.