1-1                                   AN ACT
 1-2     relating to the investigation and prosecution of an offense
 1-3     motivated by bias or prejudice, to other civil and criminal
 1-4     remedies for and protections against certain hateful acts, and to
 1-5     training and education concerning hate laws.
 1-6           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-7                                  ARTICLE 1
 1-8           SECTION 1.01. Section 12.47, Penal Code, is amended to read
 1-9     as follows:
1-10           Sec. 12.47.  PENALTY IF OFFENSE COMMITTED BECAUSE OF BIAS OR
1-11     PREJUDICE.  (a)  If [the judge or jury, whichever assesses
1-12     punishment in the case, makes] an affirmative finding under Article
1-13     42.014, Code of Criminal Procedure, is made in the [punishment
1-14     phase of the] trial of an offense other than a first degree felony
1-15     or a Class A misdemeanor, the punishment for the offense is
1-16     increased to the punishment prescribed for the next highest
1-17     category of offense.  If the offense is a Class A misdemeanor, the
1-18     minimum term of confinement for the offense is increased to 180
1-19     days. This section does not apply to the trial of an offense of
1-20     injury to a disabled individual under Section 22.04, if the
1-21     affirmative finding in the case under Article 42.014, Code of
1-22     Criminal Procedure, shows that the defendant intentionally selected
1-23     the victim because the victim was disabled.
1-24           (b)  The attorney general, if requested to do so by a
 2-1     prosecuting attorney, may assist the prosecuting attorney in the
 2-2     investigation or prosecution of an offense committed because of
 2-3     bias or prejudice.  The attorney general shall designate one
 2-4     individual in the division of the attorney general's office that
 2-5     assists in the prosecution of criminal cases to coordinate
 2-6     responses to requests made under this subsection.
 2-7           SECTION 1.02.  Article 42.014, Code of Criminal Procedure, is
 2-8     amended to read as follows:
 2-9           Art. 42.014.  FINDING THAT OFFENSE WAS COMMITTED BECAUSE OF
2-10     BIAS OR PREJUDICE. (a)  In the [punishment phase of the] trial of
2-11     an offense under Title 5, Penal Code, or Section 28.02, 28.03, or
2-12     28.08, [the] Penal Code, the judge [if the court determines that
2-13     the defendant intentionally selected the victim primarily because
2-14     of the defendant's bias or prejudice against a group, the court]
2-15     shall make an affirmative finding of [that] fact and enter the
2-16     affirmative finding in the judgment of the [that] case if at the
2-17     guilt or innocence phase of the trial, the judge or the jury,
2-18     whichever is the trier of fact, determines beyond a reasonable
2-19     doubt that the defendant intentionally selected the person against
2-20     whom the offense was committed or intentionally selected property
2-21     damaged or affected as a result of the offense because of the
2-22     defendant's bias or prejudice against a group identified by race,
2-23     color, disability, religion, national origin or ancestry, age,
2-24     gender, or sexual preference.
2-25           (b)  The sentencing judge may, as a condition of punishment,
2-26     require attendance in an educational program to further tolerance
2-27     and acceptance of others.
 3-1           (c)  In this article, "sexual preference" has the following
 3-2     meaning only:  a preference for heterosexuality, homosexuality, or
 3-3     bisexuality.
 3-4           SECTION 1.03.  (a)  The change in the law made by this
 3-5     article applies only to an offense committed on or after the
 3-6     effective date of this Act.  For purposes of this section, an
 3-7     offense is committed before the effective date of this Act if any
 3-8     element of the offense occurs before the effective date.
 3-9           (b)  An offense committed before the effective date of this
3-10     Act is covered by the law in effect when the offense was committed,
3-11     and the former law is continued in effect for that purpose.
3-12                                  ARTICLE 2
3-13           SECTION 2.01. Article 104.004, Code of Criminal Procedure, is
3-14     amended to read as follows:
3-15           Art. 104.004.  EXTRAORDINARY COSTS OF PROSECUTION. (a)  The
3-16     criminal justice division of the governor's office may distribute
3-17     money appropriated by the legislature for the purposes of this
3-18     article [this purpose.]
3-19           [(b)  A county is eligible to apply to the division for a
3-20     distribution of money under this article if, during the preceding
3-21     fiscal year:]
3-22                 [(1)  the total amount of expenditures of the county
3-23     exceeded the total amount of funds received by the county from all
3-24     sources and the county incurred expenses for the investigation or
3-25     prosecution of an offense under Section 19.03, Penal Code; or]
3-26                 [(2)  the total amount of funds received by the county
3-27     from all sources exceeded the total amount of expenditures of the
 4-1     county and the county incurred expenses for the investigation or
 4-2     prosecution of an offense under Section 19.03, Penal Code, that
 4-3     exceed five percent of the amount of that excess.]
 4-4           [(c)  The commissioners court must submit with an application
 4-5     under Subsection (b) a financial statement of the county that shows
 4-6     for the fiscal year for which application is made:]
 4-7                 [(1)  the total amount of funds received by the county
 4-8     from all sources;]
 4-9                 [(2)  the total amount of expenditures of the county;
4-10     and]
4-11                 [(3)  the total amount of expenses incurred by the
4-12     county for the investigation or prosecution of an offense under
4-13     Section 19.03, Penal Code.]
4-14           [(d)  The division may distribute money under this article
4-15     only] to a [an eligible] county for the reimbursement of expenses
4-16     incurred by the county during the fiscal year during [for] which
4-17     application is made or the fiscal year preceding the year during
4-18     which application is made for the investigation or prosecution of
4-19     an offense under Section 19.03, Penal Code, or an offense under the
4-20     Penal Code alleged by the attorney representing the state to have
4-21     been committed for a purpose or reason described by Article
4-22     42.014[.  The amount of the reimbursement to a county eligible
4-23     under Subsection (b)(2) may not exceed an amount equal to five
4-24     percent of the difference between the total amount of funds
4-25     received by the county and the total amount of expenditures of the
4-26     county during the fiscal year for which application is made].
4-27           (b) [(e)]  For each fiscal year, the division shall
 5-1     distribute at least 50 percent of the money distributed under this
 5-2     article during that year to [eligible] counties with a population
 5-3     of less than 50,000, except that if the total distributions applied
 5-4     for by those counties is less than 50 percent of the money
 5-5     distributed during that year, the division is only required to
 5-6     distribute to those counties the amount of money for which
 5-7     applications have been made.
 5-8           (c) [(f)]  The division may adopt a budget and rules for the
 5-9     distribution of money under this article.
5-10           (d) [(g)]  All money distributed to a county under this
5-11     article [subchapter] and its expenditure by the county are subject
5-12     to audit by the state auditor.
5-13                                  ARTICLE 3
5-14           SECTION 3.01. Chapter 6, Code of Criminal Procedure, is
5-15     amended by adding Article 6.08 to read as follows:
5-16           Art. 6.08.  PROTECTIVE ORDER PROHIBITING OFFENSE CAUSED BY
5-17     BIAS OR PREJUDICE.  (a)  At any proceeding in which the defendant
5-18     appears in constitutional county court, statutory county court, or
5-19     district court that is related to an offense under Title 5, Penal
5-20     Code, or Section 28.02, 28.03, or 28.08, Penal Code, in which it is
5-21     alleged that the defendant committed the offense because of bias or
5-22     prejudice as described by Article 42.014, a person may request the
5-23     court to render a protective order under Title 4, Family Code, for
5-24     the protection of the person.
5-25           (b)  The court shall render a protective order in the manner
5-26     provided by Title 4, Family Code, if, in lieu of the finding that
5-27     family violence occurred and is likely to occur in the future as
 6-1     required by Section 85.001, Family Code, the court finds that
 6-2     probable cause exists to believe that an offense under Title 5,
 6-3     Penal Code, or Section 28.02, 28.03, or 28.08, Penal Code,
 6-4     occurred, that the defendant committed the offense because of bias
 6-5     or prejudice, and that the nature of the scheme or course of
 6-6     conduct engaged in by the defendant in the commission of the
 6-7     offense indicates that the defendant is likely to engage in the
 6-8     future in conduct prohibited by Title 5, Penal Code, or Section
 6-9     28.02, 28.03, or 28.08, Penal Code, and committed because of bias
6-10     or prejudice.
6-11           (c)  The procedure for the enforcement of a protective order
6-12     under Title 4, Family Code, applies to the fullest extent
6-13     practicable to the enforcement of a protective order under this
6-14     article, including provisions relating to findings, contents,
6-15     duration, warning, delivery, law enforcement duties, and
6-16     modification, except that:
6-17                 (1)  the printed statement on the warning must refer to
6-18     the prosecution of subsequent offenses committed because of bias or
6-19     prejudice;
6-20                 (2)  the court shall require a constable to serve a
6-21     protective order issued under this article; and
6-22                 (3)  the clerk of the court shall forward a copy of a
6-23     protective order issued under this article to the Department of
6-24     Public Safety with a designation indicating that the order was
6-25     issued to prevent offenses committed because of bias or prejudice.
6-26           (d)  For an original or modified protective order rendered
6-27     under this article, on receipt of the order from the clerk of the
 7-1     court, a law enforcement agency shall immediately, but not later
 7-2     than the 10th day after the date the order is received, enter the
 7-3     information required by Section 411.042(b)(6), Government Code,
 7-4     into the statewide law enforcement information system maintained by
 7-5     the Department of Public Safety.
 7-6           SECTION 3.02. Chapter 25, Penal Code, is amended by adding
 7-7     Section 25.071 to read as follows:
 7-8           Sec. 25.071.  VIOLATION OF PROTECTIVE ORDER PREVENTING
 7-9     OFFENSE CAUSED BY BIAS OR PREJUDICE. (a)  A person commits an
7-10     offense if, in violation of an order issued under Article 6.08,
7-11     Code of Criminal Procedure, the person knowingly or intentionally:
7-12                 (1)  commits an offense under Title 5 or Section 28.02,
7-13     28.03, or 28.08 and commits the offense because of bias or
7-14     prejudice as described by Article 42.014, Code of Criminal
7-15     Procedure;
7-16                 (2)  communicates:
7-17                       (A)  directly with a protected individual in a
7-18     threatening or harassing manner;
7-19                       (B)  a threat through any person to a protected
7-20     individual; or
7-21                       (C)  in any manner with the protected individual,
7-22     if the order prohibits any communication with a protected
7-23     individual; or
7-24                 (3)  goes to or near the residence or place of
7-25     employment or business of a protected individual.
7-26           (b)  If conduct constituting an offense under this section
7-27     also constitutes an offense under another section of this code, the
 8-1     actor may be prosecuted under either section or under both
 8-2     sections.
 8-3           (c)  A peace officer investigating conduct that may
 8-4     constitute an offense under this section for a violation of an
 8-5     order may not arrest a person protected by that order for a
 8-6     violation of that order.
 8-7           (d)  An offense under this section is a Class A misdemeanor
 8-8     unless it is shown on the trial of the offense that the defendant
 8-9     has previously been convicted under this section two or more times
8-10     or has violated the protective order by committing an assault, in
8-11     which event the offense is a third degree felony.
8-12                                  ARTICLE 4
8-13           SECTION 4.01.  Chapter 2, Code of Criminal Procedure, is
8-14     amended by adding Article 2.211 to read as follows:
8-15           Art. 2.211.  HATE CRIME REPORTING. In addition to performing
8-16     duties required by Article 2.21, a clerk of a district or county
8-17     court in which an affirmative finding under Article 42.014 is
8-18     requested shall report that request to the Texas Judicial Council,
8-19     along with a statement as to whether the request was granted by the
8-20     court and, if so, whether the affirmative finding was entered in
8-21     the judgment in the case. The clerk shall make the report required
8-22     by this article not later than the 30th day after the date the
8-23     judgment is entered in the case.
8-24           SECTION 4.02.  Section 71.034, Government Code, is amended by
8-25     adding Subsection (e) to read as follows:
8-26           (e)  In addition to the information described by Subsection
8-27     (a), the council shall include in the report a summary of
 9-1     information provided to the council during the preceding year under
 9-2     Article 2.211, Code of Criminal Procedure.
 9-3                                  ARTICLE 5
 9-4           SECTION 5.01.  (a)  This Act does not create any legal status
 9-5     or right not already existent in statute or common law for a group
 9-6     or a member of a group described by Article 42.014(a), Code of
 9-7     Criminal Procedure, as amended by this Act, and Section 140.002,
 9-8     Civil Practice and Remedies Code, as added by this Act.
 9-9           (b)  This Act shall be used only to protect individuals from
9-10     being targets of hateful acts of violence simply because those
9-11     individuals are members of a group described by Article 42.014(a),
9-12     Code of Criminal Procedure, as amended by this Act, and Section
9-13     140.002, Civil Practice and Remedies Code, as added by this Act.
9-14                                  ARTICLE 6
9-15           SECTION 6.01. Subchapter Z, Chapter 29, Education Code, is
9-16     amended by adding Section 29.903 to read as follows:
9-17           Sec. 29.903.  COMMUNITY EDUCATION RELATING TO HATE CRIME LAW.
9-18     (a)  The attorney general, in cooperation with the agency, shall
9-19     develop a program that provides instruction about state laws on
9-20     hate crimes:
9-21                 (1)  at appropriate grade levels, to students; and
9-22                 (2)  to the community at large.
9-23           (b)  The agency shall make the program available to a school
9-24     on the request of the board of trustees or the school district of
9-25     which the school is a part, or if the school is an open-enrollment
9-26     charter school, on the request of the governing body of the school.
9-27           SECTION 6.02. Section 29.903, Education Code, as added by
 10-1    this Act, applies beginning with the 2001-2002 school year.
 10-2                                 ARTICLE 7
 10-3          SECTION 7.01. Subchapter B, Chapter 22, Government Code, is
 10-4    amended by adding Section 22.111 to read as follows:
 10-5          Sec. 22.111.  TRAINING FOR PROSECUTING ATTORNEYS RELATED TO
 10-6    PUNISHMENT ENHANCEMENT BECAUSE OF BIAS OR PREJUDICE. The court of
 10-7    criminal appeals shall provide to prosecuting attorneys training
 10-8    related to the use of Section 12.47, Penal Code, and Article
 10-9    42.014, Code of Criminal Procedure, for enhancing punishment on a
10-10    finding that an offense was committed because of the defendant's
10-11    bias or prejudice as defined in Article 42.014, Code of Criminal
10-12    Procedure.
10-13          SECTION 7.02. The court of criminal appeals shall make
10-14    training described by Section 22.111, Government Code, as added by
10-15    this Act, available to prosecuting attorneys not later than January
10-16    1, 2002.
10-17                                 ARTICLE 8
10-18          SECTION 8.01.  This Act takes effect September 1, 2001.
         _______________________________     _______________________________
             President of the Senate              Speaker of the House
               I certify that H.B. No. 587 was passed by the House on April
         24, 2001, by a non-record vote; and that the House concurred in
         Senate amendments to H.B. No. 587 on May 10, 2001, by the following
         vote:  Yeas 90, Nays 55, 1 present, not voting.
                                             _______________________________
                                                 Chief Clerk of the House
               I certify that H.B. No. 587 was passed by the Senate, with
         amendments, on May 7, 2001, by the following vote:  Yeas 20, Nays
         10.
                                             _______________________________
                                                 Secretary of the Senate
         APPROVED:  __________________________
                              Date
                    __________________________
                            Governor