Date: Thu, 16 Mar 1995 13:38:17 -0500 (EST) From: David Casti Subject: Texas alert: Hate Crimes bill hearing Submitted by: Wynn Wagner III A committee of the Texas Senate is about to consider a change to the Texas Hate Crimes law that would include sexual orientation. The current law is vague on what groups are to be included. The committee hearing is next week, and members of the committee need to hear from you. Senator Florence Shapiro (R-Plano) is one who really needs to get some letters. She has a reputation of being anti-gay but has signed on as a coauthor of this bill. She is the vice chair of the committee. Sen. Shapiro needs to know how important her support for the bill is. The bill is S.B. 141 - - - - - - - - - - - - - - - - These are the senators listed as authors and coauthors of the bill: Ellis, Moncrief, Madla, Rosson, Truan, Barrientos, Whitmire, Gregory Luna, Shapiro, Royce West, Montford, Jim Turner, Armbrister, Gallegos, Cain, Wentworth - - - - - - - - - - - - - - - - These are the members of the Texas Senate Committee On Criminal Justice: CHAIR: SEN. John Whitmire VICE-CHAIR: SEN. Florence Shapiro MEMBERS: SEN. J.E. =93Buster=94 Brown SEN. Mike Moncrief SEN. Bill Sims SEN. Jim Turner SEN. Royce West - - - - - - - - - - - - - - - - You can write to any Texas state senator at this address: P. O. Box 12068 Austin, TX 78711 - - - - - - - - - - - - - - - - By Ellis S.B. No. 141 A BILL TO BE ENTITLED AN ACT relating to the prosecution of and punishment for an offense motivated by bias or prejudice. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 12.47, Penal Code, is amended to read as follows= : Sec. 12.47. PENALTY IF OFFENSE COMMITTED BECAUSE OF BIAS OR PREJUDI= CE. =20 If the court makes an affirmative finding under Article 42.014, Code of=20 Criminal Procedure, in the punishment phase of the trial of an offense othe= r=20 than a first degree felony {{{or a Class A misdemeanor}}}, the punishment f= or=20 the offense is increased to the punishment prescribed for the next highest= =20 category of offense. {{{If the offense is a Class A misdemeanor, the minim= um=20 term of confinement for the offense is increased to 180 days.}}}=20 SECTION 2. Article 42.014, Code of Criminal Procedure, is amended t= o=20 read as follows: Art. 42.014. FINDING THAT OFFENSE WAS COMMITTED BECAUSE OF BIAS OR= =20 PREJUDICE. In the punishment phase of the trial of an offense under the Pe= nal=20 Code, if the court determines that the defendant {{{was motivated in whole = or=20 in part to commit the offense because of the race, color, disability,=20 religion, national origin or ancestry, or sexual orientation of the victim = or=20 the defendant=92s perception of the race, color, disability, religion, nati= onal=20 origin or ancestry, or sexual orientation of the victim}}} [<<>>], the court shall make an affirmative findin= g=20 of that fact and enter the affirmative finding in the judgment of that case= .=20 SECTION 3. (a) The change in law made by this Act applies only to = an=20 offense committed on or after the effective date of this Act. For purposes= of=20 this section, an offense is committed before the effective date of this Act= if=20 any element of the offense occurs before the effective date.=20 (b) An offense committed before the effective date of this Act is= =20 covered by the law in effect when the offense was committed, and the former= =20 law is continued in effect for that purpose.=20 SECTION 4. This Act takes effect September 1, 1995.=20 SECTION 5. The importance of this legislation and the crowded=20 condition of the calendars in both houses create an emergency and an=20 imperative public necessity that the constitutional rule requiring bills to= be=20 read on three several days in each house be suspended, and this rule is her= eby=20 suspended.=20