HBA-RBT H.B. 938 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 938 By: Thompson Judicial Affairs 3/4/1999 Introduced BACKGROUND AND PURPOSE In Texas, hate crimes are acts committed primarily because of the actor's bias or prejudice against the victim. Even though hate crimes are not always reported and some counties do not keep such statistics, more than 2,300 hate crimes were reported in Texas between 1992 and 1997. According to the Texas Crime Report, about 25 percent of hate crimes are property crimes. Two out of three hate crimes are due to race bias; nearly 50 percent of all reported incidents were directed against African-Americans. H.B. 938 enhances penalties for crimes motivated by hate, prejudice, or bias. It provides aid to counties with populations under 50,000 to prosecute hate crimes and establishes a hate crimes prosecution coordinator in the Office of the Attorney General. It provides for protective orders against hate crime perpetrators and penalties for violations of those protective orders. It authorizes civil actions against hate crime perpetrators and requires law enforcement training relating to hate crimes. This bill redefines "hate crime" to conform with language upheld by the U.S. Supreme Court. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that rulemaking authority is expressly delegated to the criminal justice division of the governor's office in SECTION 2.01 (Article 104.004, Code of Criminal Procedure) of this bill. SECTION BY SECTION ANALYSIS ARTICLE 1 SECTION 1.01. Amends Section 12.47, Penal Code, to provide that this section does not apply to the trial of an offense of injury to a disabled person under Section 22.04, Penal Code (Injury to a Child, Elderly Individual, or Disabled Individual), if the affirmative finding in the case under Article 42.014, Code of Criminal Procedure (Finding that Offense was Committed Because of Bias or Prejudice), shows that the defendant intentionally selected the victim because the victim was disabled. Authorizes the attorney general, upon request of a prosecuting attorney, to assist a prosecuting attorney in the investigation or prosecution of an offense committed because of bias or prejudice. Requires the attorney general to designate one individual in the attorney general's office that assists in the prosecution of criminal cases to coordinate responses to requests made under this subsection. SECTION 1.02. Amends Article 42.014, Code of Criminal Procedure, to specify that this section applies to Title 5 (Offenses Against the Person), Section 28.02 (Arson), or 28.03 (Criminal Mischief), Penal Code. Requires the court to make an affirmative finding of fact if the court determines beyond a reasonable doubt that the victim of the offense was selected because of the race, color, disability, religion, national origin or ancestry, or sexual orientation of the victim, rather than the defendants bias or prejudice against a group. SECTION 1.03. Makes application of this Article prospective. ARTICLE 2 SECTION 2.01. Amends Chapter 104, Code of Criminal Procedure, by adding Article 104.004, as follows: Art. 104.004. EXTRAORDINARY PROSECUTION COSTS. Requires the criminal justice division (division) of the governor's office to distribute grants as provided by this article. Sets forth the eligibility requirements for a grant under this article for a county of less than 50,000. Provides that the commissioners court of the county must submit a financial statement which documents the requirements. Sets forth limitations on the amount of the grants. Authorizes the division to adopt a budget and rules for the making of grants under this article. Provides that all grants and all expenditures made under this article are subject to audit by the state auditor. SECTION 2.02. Authorizes the commissioners court of a county to apply to the criminal justice division of the governor's office for a grant, as provided by this Act, on or after September 1, 1999. ARTICLE 3 SECTION 3.01. Amends Title 6, Civil Practice and Remedies Code, by adding Chapter 140, as follows: CHAPTER 140. REMEDIES FOR AND PROTECTIONS AGAINST HATEFUL ACTS Sec. 140.001. DEFINITIONS. Defines "claimant" and "defendant." Sec. 140.002. RIGHT TO BE FREE FROM HATEFUL ACTS. Provides that an individual in this state has the right to be free from an act of violence, or intimidation by threat of violence, committed against the person or property of the individual because of the individual's race, color, disability, religion, national origin or ancestry, or sexual orientation, or another person's perception of the foregoing. Sec. 140.003. ACTION BY INDIVIDUAL. Authorizes a lawsuit for damages, including punitive damages, injunctive relief, and attorney's fees, to an individual arising from the actions of a defendant in violating the peaceable exercise or enjoyment by the individual of the right secured by Section 140.002. Sec. 140.004. ACTION BY STATE OR LOCAL ATTORNEY. Authorizes the attorney general, a district attorney, a criminal district attorney, a county attorney, or a municipal attorney to bring an action for injunctive relief or other appropriate relief, including attorney's fees, to protect the peaceable exercise or enjoyment by an individual of the right secured by Section 140.002. Sec. 140.005. CONTENT OF SPEECH. Prohibits the filing of a lawsuit under this chapter based solely on the contents of the speech of the defendant unless it is shown that the speech itself threatens violence against a specific individual or group; the individual or group reasonably fears that, because of the contents of the speech, violence will be committed against the individual, the group, or their property; and the defendant had the apparent ability to carry out the threat. Prohibits a court from issuing an order under this chapter that restricts the content of any defendant's speech. Authorizes a court to issue an order that restricts the time, place, or manner of the defendant's speech only to the extent reasonably necessary to protect the peaceable exercise or enjoyment by an individual of the right secured by Section 140.002, and consistent with the constitutional rights of the defendant. Sec. 140.006. FORUM. Authorizes a lawsuit under this chapter to be filed in either a district or county court. Sec. 140.007. ENFORCEMENT. Provides that an order issued under this section is enforceable under contempt, prosecution under Section 22.11, or both. Sec. 140.008. WARNING. Provides the language, detailing the punishment for violation, which must be on every order for temporary or permanent relief under this chapter. Sec. 140.009. NOTIFICATION OF LAW ENFORCEMENT AGENCIES. Requires a court that issues an order for temporary or permanent relief under this chapter to take certain steps in an attempt to notify law enforcement, and provide for service of the order on the defendant as well as any location where a hateful act is likely to occur. Includes any extension, modification, or termination of an order in the definition of "order." Sec. 140.010. INDEPENDENT REMEDY. Provides that a lawsuit brought under this chapter is independent of any other authorized lawsuit. SECTION 3.02. Amends Chapter 22, Penal Code, by adding Section 22.11, as follows: Sec. 22.11. VIOLATION OF ORDER ENJOINING HATEFUL ACTS. Provides that it is a Class B misdemeanor if a person knowingly violates an order for temporary or permanent injunctive relief issued under Chapter 140 unless the person has been previously convicted two or more times under this section, in which case it is a Class A misdemeanor. SECTION 3.03. Makes application of Chapter 140, Civil Practice and Remedies Code, prospective. ARTICLE 4 SECTION 4.01. Amends Section 415.032(b), Government Code, to include offenses committed because of bias or prejudice among those types of crimes the Commission on Law Enforcement Officer Standards and Education is required to have courses and training on. SECTION 4.02. Amends Section 415.034, Government Code, by adding Subsection (j), as follows: (j) Provides that the training course provided to peace officers must include education and training in the recognition of offenses that are committed because of bias or prejudice, in addition to the types of cases already required, unless the agency head determines that the education and training is inconsistent with the officer's assigned duties. ARTICLE 5 SECTION 5.01. Effective date: September 1, 1999. SECTION 5.02. Emergency clause.