HBA-NMO, RBT H.B. 271 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 271
By: Hochberg
Criminal Jurisprudence
3/3/1999
Introduced



BACKGROUND AND PURPOSE 

Currently, the Government Code requires the Department of Public Safety to
collect and analyze information provided by local law enforcement agencies
relating to hate crimes.  Additionally, the Code of Criminal Procedure
currently requires a court to enter an affirmative finding of fact if it
determines that an offense was committed because of bias or prejudice.
Nevertheless, the ability to accurately identify a hate crime as defined by
current law, as well the law's ability to withstand a constitutional
challenge, have come into question.  H.B. 271 elucidates the circumstances
under which a judge is required to make an affirmative finding that a hate
crime was committed.  
     
RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Article 42.014, Code of Criminal Procedure, as follows:

Art.  42.014.  Requires the judge to make an affirmative finding of  fact
during the punishment phase of a trial of an offense under the Penal Code
if the judge or jury determines that the defendant intentionally selected
the person or property which is the subject of the offense because of the
actual or perceived race, age, gender, color, disability, religion,
national origin or ancestry, or sexual orientation of the person who is the
victim of the offense.  Provides that the judge or jury makes the
determination.  Deletes reference to the court making the determination.
Makes conforming changes. 

SECTION 2.  Makes application of this Act prospective.

SECTION 3.  Effective date: September 1, 1999.

SECTION 4.  Emergency clause.