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.