Bill Text: TX HB367 | 2021-2022 | 87th Legislature | Introduced
Bill Title: Relating to the prosecution and reporting of certain offenses committed because of bias or prejudice; creating a criminal offense.
Sponsorship: Partisan Bill (Democrat 2)
Status: (Introduced - Dead) 2021-04-29 - Failed to receive affirmative vote in comm. [HB367 Detail]
Download: Texas-2021-HB367-Introduced.html
| 87R789 MAW-D | ||
| By: Sherman, Sr. | H.B. No. 367 | |
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| relating to the prosecution and reporting of certain offenses | ||
| committed because of bias or prejudice; creating a criminal | ||
| offense. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Article 2.211, Code of Criminal Procedure, is | ||
| amended to read as follows: | ||
| Art. 2.211. HATE CRIME REPORTING. (a) In addition to | ||
| performing duties required by Article 2.21, a clerk of a district or | ||
| county court in which an affirmative finding under Article 42.014 | ||
| is requested shall report that request to the Texas Judicial | ||
| Council, 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. | ||
| (b) If an affirmative finding was entered in the judgment in | ||
| the case as described by Subsection (a), the clerk shall provide | ||
| notice of the finding to the appropriate local law enforcement | ||
| agency to enable entry of the information into the National Crime | ||
| Information Center and Texas Crime Information Center. The agency | ||
| receiving the notice promptly shall enter the information into the | ||
| databases. | ||
| (c) The clerk shall make a [ |
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| required by this article not later than the 30th day after the date | ||
| the judgment is entered in the case. | ||
| SECTION 2. Section 46.04, Penal Code, is amended by adding | ||
| Subsections (a-1) and (h) and amending Subsection (e) to read as | ||
| follows: | ||
| (a-1) A person who has been convicted of an offense under | ||
| Section 22.01, 22.011, 22.02, 22.021, 22.04, 22.05, 22.07, 25.11, | ||
| 28.02, 28.03, or 28.08 for which the judgment contains an | ||
| affirmative finding under Article 42.014, Code of Criminal | ||
| Procedure, commits an offense if the person possesses a firearm | ||
| before the fifth anniversary of the later of: | ||
| (1) the date of the person's release from confinement | ||
| following the conviction; or | ||
| (2) the date of the person's release from supervision | ||
| under community supervision, parole, or mandatory supervision, as | ||
| applicable. | ||
| (e) An offense under this section is a Class A misdemeanor, | ||
| except that an offense under Subsection (a) or (a-1) is a felony of | ||
| the third degree. [ |
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| (h) If conduct that constitutes an offense under Subsection | ||
| (a-1) also constitutes an offense under Subsection (a), the actor | ||
| may be prosecuted under Subsection (a) or (a-1), but not both. If | ||
| conduct that constitutes an offense under Subsection (a-1) also | ||
| constitutes an offense under Subsection (b), the actor may be | ||
| prosecuted under Subsection (a-1) or (b), but not both. | ||
| 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. | ||
