bill adds gender identity to hate-motivated findings

The text as introduced · 306 words

89R3981 JDK-D

By: Menéndez
S.B. No. 189

A BILL TO BE ENTITLED

AN ACT

relating to a criminal offense committed against a person because

of bias or prejudice on the basis of sexual orientation or gender

identity.

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

SECTION 1. Article 42.014(a), Code of Criminal Procedure,

is 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, 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 ] sexual orientation, or gender identity [ preference ] or

by status as a peace officer or judge.

SECTION 2. Article 42.014(c), Code of Criminal Procedure,

is repealed.

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.