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A BILL TO BE ENTITLED
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AN ACT
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relating to a criminal offense committed against a person because |
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of bias or prejudice on the basis of sexual orientation or gender |
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identity. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 42.014(a), Code of Criminal Procedure, |
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is amended to read as follows: |
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(a) In the trial of an offense under Title 5, Penal Code, or |
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Section 28.02, 28.03, 28.08, or 42.0601, Penal Code, the judge |
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shall make an affirmative finding of fact and enter the affirmative |
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finding in the judgment of the case if at the guilt or innocence |
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phase of the trial, the judge or the jury, whichever is the trier of |
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fact, determines beyond a reasonable doubt that the defendant |
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intentionally selected the person against whom the offense was |
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committed, or intentionally selected the person's property that was |
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damaged or affected as a result of the offense, because of the |
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defendant's bias or prejudice against a group identified by race, |
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color, disability, religion, national origin or ancestry, age, |
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gender, [or] sexual orientation, or gender identity [preference] or |
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by status as a peace officer or judge. |
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SECTION 2. Article 42.014(c), Code of Criminal Procedure, |
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is repealed. |
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SECTION 3. The change in law made by this Act applies only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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governed by the law in effect on the date the offense was committed, |
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and the former law is continued in effect for that purpose. For |
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purposes of this section, an offense was committed before the |
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effective date of this Act if any element of the offense occurred |
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before that date. |
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SECTION 4. This Act takes effect September 1, 2023. |