Bill Text: TX HB1402 | 2021-2022 | 87th Legislature | Introduced

Texas House Bill 1402 (Prior Session Legislation)

Introduced

Bill Title: Relating to a criminal offense committed against a person because of bias or prejudice on the basis of sexual orientation or gender identity.

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Introduced - Dead) 2021-03-15 - Left pending in committee [HB1402 Detail]

Download: Texas-2021-HB1402-Introduced.html

	87R4579 MCF-D

	By: A. Johnson of Harris	H.B. No. 1402



	A BILL TO BE ENTITLED
	AN ACT
	relating to a criminal offense committed against a person because
	of bias or prejudice on the basis of sexual orientation or gender
	identity.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1. Article 42.014(a), Code of Criminal Procedure,
	is amended to read as follows:
	(a) In the trial of an offense under Title 5, Penal Code, or
	Section 28.02, 28.03, or 28.08, Penal Code, the judge shall make an
	affirmative finding of fact and enter the affirmative finding in
	the judgment of the case if at the guilt or innocence phase of the
	trial, the judge or the jury, whichever is the trier of fact,
	determines beyond a reasonable doubt that the defendant
	intentionally selected the person against whom the offense was
	committed, or intentionally selected the person's property that was
	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 orientation, or gender identity [~~preference~~] or
	by status as a peace officer or judge.
	SECTION 2. Article 42.014(c), Code of Criminal Procedure,
	is repealed.
	SECTION 3. The change in law made by this Act applies only
	to an offense committed on or after the effective date of this Act.
	An offense committed before the effective date of this Act is
	governed by the law in effect on the date the offense was committed,
	and the former law is continued in effect for that purpose. For
	purposes of this section, an offense was committed before the
	effective date of this Act if any element of the offense occurred
	before that date.
	SECTION 4. This Act takes effect September 1, 2021.