Goodwin Hate Crimes Bill Lets Victims Sue Without A Conviction

The text as introduced · 1,875 words

89R15113 MZM-F

By: Goodwin
H.B. No. 4982

A BILL TO BE ENTITLED

AN ACT

relating to hate crimes, including criminal and civil liability for

those crimes and the hate crime prevention grant program;

increasing a criminal penalty.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. This Act shall be known as the Texas Hate Crimes

Prevention and Victim Protection Act.

SECTION 2. Title 4, Civil Practice and Remedies Code, is

amended by adding Chapter 100B to read as follows:

CHAPTER 100B. LIABILITY FOR HATE CRIMES

Sec. 100B.001. DEFINITION. In this chapter, "hate crime"

means conduct constituting an offense in which the victim or the

victim's property is selected because of a bias or prejudice

against a group identified by race, color, disability, religion,

national origin or ancestry, age, gender or gender identity, or

sexual preference or by status as a peace officer, judge, or

homeless person.

Sec. 100B.002. LIABILITY FOR HATE CRIMES. A person who

commits a hate crime is liable to the victim of the hate crime for

damages incurred by the victim as a result of the crime.

Sec. 100B.003. DAMAGES. A prevailing claimant in an action

brought under this chapter may recover:

(1) actual damages;

(2) except as provided by Subdivision (3), exemplary

damages in an amount not to exceed three times the amount of actual

damages;

(3) if a defendant threatens, intimidates, or harasses

the claimant or a witness during the action, additional exemplary

damages of $25,000 against that defendant; and

(4) court costs and attorney's fees incurred in

bringing the action.

Sec. 100B.004. CONVICTION NOT REQUIRED. A criminal

conviction for which an affirmative finding of bias or prejudice is

made under Article 42.014, Code of Criminal Procedure, is not

required to prove liability in an action brought under this

chapter.

SECTION 3. Article 7B.101, Code of Criminal Procedure, is

amended to read as follows:

Art. 7B.101. REQUEST FOR PROTECTIVE ORDER. A person may

request the court to issue a protective order under Title 4, Family

Code, for the protection of the person at any proceeding:

(1) in which the defendant appears in constitutional

county court, statutory county court, or district court;

(2) that is related to an offense under Title 5, Penal

Code, or Section 28.02, 28.03, [ or ] 28.08, 42.0601, or 42.074,

Penal Code; and

(3) in which it is alleged that the defendant

committed the offense because of bias or prejudice as described by

Article 42.014.

SECTION 4. Article 7B.102, Code of Criminal Procedure, is

amended to read as follows:

Art. 7B.102. REQUIRED FINDINGS; ISSUANCE OF PROTECTIVE

ORDER. The court shall issue a protective order in the manner

provided by Title 4, Family Code, if, in lieu of the finding that

family violence occurred as required by Section 85.001, Family

Code, the court finds that:

(1) probable cause exists to believe that an offense

under Title 5, Penal Code, or Section 28.02, 28.03, [ or ] 28.08,

42.0601, or 42.074, Penal Code, was committed;

(2) the defendant committed the offense because of

bias or prejudice; and

(3) the nature of the scheme or course of conduct

engaged in by the defendant in committing the offense indicates the

defendant is likely in the future to:

(A) engage in conduct prohibited by Title 5,

Penal Code, or Section 28.02, 28.03, [ or ] 28.08, 42.0601, or

42.074, Penal Code; and

(B) engage in that conduct described by Paragraph

(A) because of bias or prejudice.

SECTION 5. Articles 42.014(a) and (b), 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, 28.08, [ or ] 42.0601, or 42.074, 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 or gender identity , or sexual preference or

by status as a peace officer , [ or ] judge , or homeless person .

(b) The sentencing judge shall [ may ], as a condition of

punishment, require attendance in an educational program to further

tolerance and acceptance of others.

SECTION 6. Subchapter B, Chapter 402, Government Code, is

amended by adding Section 402.040 to read as follows:

Sec. 402.040. HATE CRIME PREVENTION GRANT PROGRAM. (a) In

this section:

(1) "Grant program" means the hate crime prevention

grant program established under this section.

(2) "Hate crime" means an offense in which the victim

or the victim's property is selected because of bias or prejudice as

described by Article 42.014, Code of Criminal Procedure.

(b) The attorney general shall establish and administer a

grant program to award grants to:

(1) eligible law enforcement agencies that

investigate hate crimes; and

(2) eligible crime victim assistance programs that

provide assistance to victims of hate crimes.

(c) Money awarded under the grant program may be used only

to:

(1) assist law enforcement officers in investigating

hate crimes according to best practices identified in the

instruction described by Section 1701.273, Occupations Code; or

(2) provide resources and other assistance to victims

of hate crimes.

(d) The attorney general shall establish:

(1) additional eligibility criteria for grant program

applicants;

(2) grant program application procedures;

(3) guidelines relating to grant amounts;

(4) procedures for evaluating grant applications; and

(5) procedures for monitoring the use of a grant

awarded under the grant program and ensuring compliance with any

conditions of a grant.

(e) The attorney general shall award grants as provided by

this section from available money, including money appropriated for

the purpose of the grant program. The attorney general may accept

gifts, grants, and donations from any source for the purpose of the

grant program.

SECTION 7. Section 411.046, Government Code, is amended by

adding Subsections (d) and (e) to read as follows:

(d) The bureau of identification and records shall publish,

on the bureau's Internet website and at regular intervals as

prescribed by rules adopted by the department, the number of

offenses and the type of offenses reported to the bureau by local

law enforcement agencies under Subsection (b).

(e) Not later than January 31 of each year, the bureau of

identification and records shall submit a written report to the

governor and the legislature that includes the number of offenses

and the type of offenses reported to the bureau by local law

enforcement agencies under Subsection (b) during the preceding

calendar year.

SECTION 8. Subchapter F, Chapter 1701, Occupations Code, is

amended by adding Section 1701.273 to read as follows:

Sec. 1701.273. HATE CRIME AWARENESS TRAINING PROGRAM. (a)

The commission shall establish a hate crime awareness training

program for law enforcement officers. The training program must

include instruction on:

(1) identifying and investigating hate crimes;

(2) interacting with victims of hate crimes; and

(3) reporting hate crimes, including:

(A) mandatory reporting of hate crimes to the

Department of Public Safety as required by Section 411.046(b),

Government Code; and

(B) voluntary reporting of hate crimes to the

Federal Bureau of Investigation.

(b) The commission shall consult with federal, state, and

local law enforcement agencies in developing the training program

required by this section.

(c) The commission shall require a law enforcement officer

to biennially complete:

(1) the training required under this section; or

(2) another training equivalent to the training

program required under this section, as determined by the

commission.

SECTION 9. Section 12.47(a), Penal Code, is amended to read

as follows:

(a) If an affirmative finding under Article 42.014, Code of

Criminal Procedure, is made in the trial of an offense other than a

first degree felony or a Class A misdemeanor, the punishment for the

offense is increased to the punishment prescribed for the next

highest category of offense. If the offense is a first degree

felony, the minimum term of imprisonment for the offense is

increased to 15 years. If the offense is a Class A misdemeanor, the

minimum term of confinement for the offense is increased to 180

days. This section does not apply to the trial of an offense of

injury to a disabled individual under Section 22.04, if the

affirmative finding in the case under Article 42.014, Code of

Criminal Procedure, shows that the defendant intentionally

selected the victim because the victim was disabled.

SECTION 10. Section 25.071(a), Penal Code, is amended to

read as follows:

(a) A person commits an offense if, in violation of an order

issued under Subchapter C, Chapter 7B, Code of Criminal Procedure,

the person knowingly or intentionally:

(1) commits an offense under Title 5 or Section 28.02,

28.03, [ or ] 28.08 , 42.0601, or 42.074, and commits the offense

because of bias or prejudice as described by Article 42.014, Code of

Criminal Procedure;

(2) communicates:

(A) directly with a protected individual in a

threatening or harassing manner;

(B) a threat through any person to a protected

individual; or

(C) in any manner with the protected individual,

if the order prohibits any communication with a protected

individual; or

(3) goes to or near the residence or place of

employment or business of a protected individual.

SECTION 11. (a) Chapter 100B, Civil Practice and Remedies

Code, as added by this Act, applies only to a cause of action that

accrues on or after the effective date of this Act.

(b) The changes in law made by this Act in amending Chapter

7B, Code of Criminal Procedure, apply only to a protective order

issued on or after the effective date of this Act. A protective

order issued before the effective date of this Act is governed by

the law in effect on the date the order was issued, and the former

law is continued in effect for that purpose.

(c) A law enforcement officer who, on September 1, 2025,

holds a license under Chapter 1701, Occupations Code, shall

complete the training required by Section 1701.273, Occupations

Code, as added by this Act, not later than September 1, 2027.

(d) As soon as practicable after the effective date of this

Act, the Texas Commission on Law Enforcement shall adopt rules to

implement the changes in law made by Section 1701.273, Occupations

Code, as added by this Act.

(e) The changes in law made by this Act in amending Articles

42.014(a) and (b), Code of Criminal Procedure, and Sections

12.47(a) and 25.071(a), Penal Code, apply 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 12. This Act takes effect September 1, 2025.