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.
Spectrum: Partisan Bill (Democrat 2-0)
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. |