Bill Text: TX HB1849 | 2017-2018 | 85th Legislature | Introduced
Bill Title: Relating to an offense committed against a person because of bias or prejudice on the basis of gender identity or expression.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2017-03-15 - Referred to State Affairs [HB1849 Detail]
Download: Texas-2017-HB1849-Introduced.html
85R6032 KJE-D | ||
By: Coleman | H.B. No. 1849 |
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relating to an 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. 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 property 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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or gender identity or expression. | ||
(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. | ||
(2) "Sexual [ |
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meaning only: a preference for heterosexuality, homosexuality, or | ||
bisexuality. | ||
SECTION 2. 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 3. This Act takes effect September 1, 2017. |