HBA-CBW H.B. 587 77(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 587 By: Thompson Judicial Affairs 2/14/2001 Introduced BACKGROUND AND PURPOSE 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, according to the Texas Department of Public Safety report "Crime in Texas 1997: The Texas Crime Report," the total number of hate crime incidents in 1997 was 331. These incidents involved 361 victims, 420 offenders, and resulted in a total of 360 offenses. The largest percentage of hate crimes were racially motivated in nature. African-Americans were more likely to be victims of a hate crime offense than any other group. House Bill 587 modifies provisions relating to the investigation and prosecution of an offense motivated by bias or prejudice, and provides for civil remedies, and protection against certain hateful acts. 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 104.005, Code of Criminal Procedure) of this bill. ANALYSIS House Bill 587 amends the Penal Code to provide that the enhanced penalties for an offense committed because of bias or prejudice do not apply to the trial of an offense of injury to a disabled individual if the affirmative finding in the case shows that the defendant intentionally selected the victim because the victim was disabled. The bill authorizes the attorney general on the request of a prosecuting attorney, to assist the prosecuting attorney in the investigation or prosecution of an offense committed because of bias or prejudice. The bill requires the attorney general to designate one individual to assist in the prosecution of criminal cases to coordinate responses to such requests (Sec. 12.47). H. B. 587 amends the Code of Criminal Procedure to require a judge to make an affirmative finding of fact and enter the finding in the judgment of the case if the judge or jury, whichever is the trier of fact, at the guilt or innocence or punishment phase of the trial determines beyond a reasonable doubt that the defendant intentionally selected the person against whom the offense was committed intentionally selected the property damaged or affected as a result of the offense because of the defendant's bias or prejudice against a group identified by race, color, disability, religion, national origin or ancestry, age, gender, or sexual preference. The fact that a defendant incorrectly perceives a person to be a member of such a group is immaterial to the determination that the offense was committed because of the defendant's bias or prejudice (Art. 42.014). In addition to performing existing required duties, the bill requires a clerk of a district or county court in which an affirmative finding is requested to report that request to the Texas Judicial Council (TJC), along with a statement as to whether the request was granted by the court and, if so, whether the affirmative finding was entered in the judgment in the case. The bill requires the clerk to make the report not later than the 30th day after the date the judgment is entered in the case (Art. 2.211). The bill amends the Government Code to include such information in the report that TJC is required to file with the governor and the Texas supreme court (Sec. 71.034). The bill authorizes a person to request a protective order when a defendant appears at any proceeding in a constitutional county court, statutory county court, or district court that is related to an alleged offense that is committed against the person or the person's property because of bias or prejudice. The bill requires the court to render a protective order if, in lieu of the finding that family violence occurred and is likely to occur in the future, the court finds that probable cause exists to believe that an offense against the person or the person's property occurred because of the defendant's bias or prejudice and that the nature of the scheme or the defendant's course of conduct indicates that the defendant is likely to engage in the future in such conduct. The bill sets forth procedures for the enforcement of such a protective order (Art. 6.08). The bill amends the Penal Code to set forth the conditions under which a person violates a protective order prohibiting an offense caused by bias or prejudice. The bill sets forth provisions with regard to prosecuting such an offense, prohibiting an arrest of a person protected by that order, and setting the offense category for violating the protective order (Sec. 25.071). The bill amends the Code of Criminal Procedure to set forth provisions with regard to distributing grants for the extraordinary prosecuting costs for certain counties associated with the investigation or prosecution of a capital murder alleged to have been committed because of bias or prejudice. The bill requires the criminal justice division of the governor's office (division) to distribute grants and authorizes the division to adopt a budget and rules for the making of grants (Art. 104.005). H. B.587 amends the Civil Practice and Remedies Code to establish that a person in Texas has the right to be free from an act of violence committed against the person or the person's property because of the person's race, color, disability, religion, national origin or ancestry, age, status as a pregnant person, gender, or sexual preference (Sec. 140.002). The bill authorizes a person whose right has been violated by another person to commence an action for damages to the person, exemplary damages, and injunctive or other appropriate relief. The bill requires a court to award a party who prevails in such an action reasonable attorney's fees (Sec. 140.003). The bill establishes that such a remedy is independent of any other remedy or procedure that may be available to the claimant (Sec. 140.004). EFFECTIVE DATE September 1, 2001.