87R789 MAW-D
 
  By: Sherman, Sr. H.B. No. 367
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  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 [the] report or provide a notice
  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. [An offense under Subsection (b) or (c) is a Class
  A misdemeanor.]
         (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.