bill sends bias findings to state and national databases

The text as introduced · 473 words

89R5328 MCF-D

By: González of Dallas
H.B. No. 4828

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 2A.211, Code of Criminal Procedure, is

amended by amending Subsection (b) and adding Subsection (c) to

read as follows:

(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 [ Subsection (a) ] 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-2) and (h) and amending Subsection (e) to read as

follows:

(a-2) 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, 22.11,

28.02, or 28.03 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-2) is a felony of

the third degree. [ An offense under Subsection (a-1), (b), or (c) is

a Class A misdemeanor. ]

(h) If conduct that constitutes an offense under Subsection

(a-2) also constitutes an offense under Subsection (a), the actor

may be prosecuted under Subsection (a) or (a-2), but not both. If

conduct that constitutes an offense under Subsection (a-2) also

constitutes an offense under Subsection (b), the actor may be

prosecuted under Subsection (a-2) 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, 2025.