Bill Text: TX HB4254 | 2021-2022 | 87th Legislature | Introduced
Bill Title: Relating to a criminal offense committed against a person because of bias or prejudice on the basis of gender identity or expression.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2021-03-29 - Referred to Criminal Jurisprudence [HB4254 Detail]
Download: Texas-2021-HB4254-Introduced.html
87R11798 MCF-D | ||
By: Morales Shaw | H.B. No. 4254 |
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relating to a criminal offense committed against a person because | ||
of bias or prejudice on the basis of gender identity or expression. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. This Act may be cited as the Monica Roberts Act. | ||
SECTION 2. Articles 42.014(a) and (c), Code of Criminal | ||
Procedure, are 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, [ |
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by status as a peace officer or judge. | ||
(c) In this article: | ||
(1) "Gender identity or expression" means having or | ||
being perceived as having a gender-related identity, appearance, | ||
expression, or behavior, regardless of whether that identity, | ||
appearance, expression, or behavior is different from that commonly | ||
associated with the person's actual or perceived sex. The term | ||
includes being or being perceived as being transgender. | ||
(2) "Sexual [ |
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meaning only: a preference for heterosexuality, homosexuality, or | ||
bisexuality. | ||
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. |