85R10778 KJE-F     By: Raymond H.B. No. 1919       A BILL TO BE ENTITLED   AN ACT   relating to increasing the punishment for an offense committed   against a person because of bias or prejudice on the basis of   service as a peace officer, a firefighter, or emergency medical   services personnel and to the confidentiality of personal   information regarding certain persons who provide that service.          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 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 preference or by service as a peace officer, a   firefighter, or emergency medical services personnel.          (c)  In this article:                (1)  "Emergency medical services personnel" has the   meaning assigned by Section 773.003, Health and Safety Code, and   includes active and retired personnel.                (2)  "Firefighter" means a person who is a paid or   volunteer firefighter and includes an active or retired   firefighter.                (3)  "Peace officer" means an active or retired peace   officer, as that term is defined under Article 2.12.                (4)  "Sexual [, "sexual] preference" has the following   meaning only: a preference for heterosexuality, homosexuality, or   bisexuality.          SECTION 2.  Section 552.117(a), Government Code, is amended   to read as follows:          (a)  Information is excepted from the requirements of   Section 552.021 if it is information that relates to the home   address, home telephone number, emergency contact information, or   social security number of the following person or that reveals   whether the person has family members:                (1)  a current or former official or employee of a   governmental body, except as otherwise provided by Section 552.024;                (2)  a current or former peace officer as defined by   Article 2.12, Code of Criminal Procedure, or [a] security officer   commissioned under Section 51.212, Education Code, regardless of   whether the officer complies with Section 552.024 or 552.1175, as   applicable;                (3)  a current or former employee of the Texas   Department of Criminal Justice or of the predecessor in function of   the department or any division of the department, regardless of   whether the current or former employee complies with Section   552.1175;                (4)  a peace officer as defined by Article 2.12, Code of   Criminal Procedure, or other law, a reserve law enforcement   officer, a commissioned deputy game warden, or a corrections   officer in a municipal, county, or state penal institution in this   state who was killed in the line of duty, regardless of whether the   deceased complied with Section 552.024 or 552.1175;                (5)  a commissioned security officer as defined by   Section 1702.002, Occupations Code, regardless of whether the   officer complies with Section 552.024 or 552.1175, as applicable;                (6)  an officer or employee of a community supervision   and corrections department established under Chapter 76 who   performs a duty described by Section 76.004(b), regardless of   whether the officer or employee complies with Section 552.024 or   552.1175;                (7)  a current or former employee of the office of the   attorney general who is or was assigned to a division of that office   the duties of which involve law enforcement, regardless of whether   the current or former employee complies with Section 552.024 or   552.1175;                (8)  a current or former employee of the Texas Juvenile   Justice Department or of the predecessors in function of the   department, regardless of whether the current or former employee   complies with Section 552.024 or 552.1175;                (9)  a current or former juvenile probation or   supervision officer certified by the Texas Juvenile Justice   Department, or the predecessors in function of the department,   under Title 12, Human Resources Code, regardless of whether the   current or former officer complies with Section 552.024 or   552.1175;                (10)  a current or former employee of a juvenile   justice program or facility, as those terms are defined by Section   261.405, Family Code, regardless of whether the current or former   employee complies with Section 552.024 or 552.1175; [or]                (11)  a current or former member of the Texas military   forces, as that term is defined by Section 437.001; or                (12)  a current or former firefighter or current or   former emergency medical services personnel, as those terms are   defined by Article 42.014, Code of Criminal Procedure, regardless   of whether the person complies with Section 552.024 or 552.1175, as   applicable.          SECTION 3.  The heading to Section 552.1175, Government   Code, is amended to read as follows:          Sec. 552.1175.  CONFIDENTIALITY OF CERTAIN PERSONAL   IDENTIFYING INFORMATION OF PEACE OFFICERS, COUNTY JAILERS,   SECURITY OFFICERS, EMPLOYEES OF CERTAIN CRIMINAL OR JUVENILE   JUSTICE AGENCIES OR OFFICES, FIREFIGHTERS, EMERGENCY MEDICAL   SERVICES PERSONNEL, AND FEDERAL AND STATE JUDGES.          SECTION 4.  Section 552.1175(a), Government Code, is amended   to read as follows:          (a)  This section applies only to:                (1)  current or former peace officers as defined by   Article 2.12, Code of Criminal Procedure;                (2)  county jailers as defined by Section 1701.001,   Occupations Code;                (3)  current or former employees of the Texas   Department of Criminal Justice or of the predecessor in function of   the department or any division of the department;                (4)  commissioned security officers as defined by   Section 1702.002, Occupations Code;                (5)  employees of a district attorney, criminal   district attorney, or county or municipal attorney whose   jurisdiction includes any criminal law or child protective services   matters;                (6)  officers and employees of a community supervision   and corrections department established under Chapter 76 who perform   a duty described by Section 76.004(b);                (7)  criminal investigators of the United States as   described by Article 2.122(a), Code of Criminal Procedure;                (8)  police officers and inspectors of the United   States Federal Protective Service;                (9)  current and former employees of the office of the   attorney general who are or were assigned to a division of that   office the duties of which involve law enforcement;                (10)  current or former juvenile probation and   detention officers certified by the Texas Juvenile Justice   Department, or the predecessors in function of the department,   under Title 12, Human Resources Code;                (11)  current or former employees of a juvenile justice   program or facility, as those terms are defined by Section 261.405,   Family Code;                (12)  current or former employees of the Texas Juvenile   Justice Department or the predecessors in function of the   department; [and]                (13)  current or former firefighters or emergency   medical services personnel, as those terms are defined by Article   42.014, Code of Criminal Procedure; and                (14)  federal judges and state judges as defined by   Section 13.0021, Election Code.          SECTION 5.  Section 12.47, Penal Code, is amended to read as   follows:          Sec. 12.47.  PENALTY IF OFFENSE COMMITTED BECAUSE OF BIAS OR   PREJUDICE. (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 Class A   misdemeanor, the minimum term of confinement for the offense is   increased to 180 days.          (b)  This section does not apply to the trial of:                (1)  an offense of injury to a disabled individual   under Section [Sec.] 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; or                (2)  an offense for which the punishment is subject to   enhancement based on the victim's service as a peace officer, a   firefighter, or emergency medical services personnel, as those   terms are defined by Article 42.014, Code of Criminal Procedure.          (c) [(b)]  The attorney general, if requested to do so by a   prosecuting attorney, may assist the prosecuting attorney in the   investigation or prosecution of an offense committed because of   bias or prejudice.  The attorney general shall designate one   individual in the division of the attorney general's office that   assists in the prosecution of criminal cases to coordinate   responses to requests made under this subsection.          SECTION 6.  Section 25.025(a), Tax Code, is amended to read   as follows:          (a)  This section applies only to:                (1)  a current or former peace officer as defined by   Article 2.12, Code of Criminal Procedure;                (2)  a county jailer as defined by Section 1701.001,   Occupations Code;                (3)  an employee of the Texas Department of Criminal   Justice;                (4)  a commissioned security officer as defined by   Section 1702.002, Occupations Code;                (5)  a victim of family violence as defined by Section   71.004, Family Code, if as a result of the act of family violence   against the victim, the actor is convicted of a felony or a Class A   misdemeanor;                (6)  a federal judge, a state judge, or the spouse of a   federal judge or state judge;                (7)  a current or former employee of a district   attorney, criminal district attorney, or county or municipal   attorney whose jurisdiction includes any criminal law or child   protective services matters;                (8)  an officer or employee of a community supervision   and corrections department established under Chapter 76,   Government Code, who performs a duty described by Section 76.004(b)   of that code;                (9)  a criminal investigator of the United States as   described by Article 2.122(a), Code of Criminal Procedure;                (10)  a police officer or inspector of the United   States Federal Protective Service;                (11)  a current or former United States attorney or   assistant United States attorney and the spouse and child of the   attorney;                (12)  a current or former employee of the office of the   attorney general who is or was assigned to a division of that office   the duties of which involve law enforcement;                (13)  a medical examiner or person who performs   forensic analysis or testing who is employed by this state or one or   more political subdivisions of this state;                (14)  a current or former member of the United States   armed forces who has served in an area that the president of the   United States by executive order designates for purposes of 26   U.S.C. Section 112 as an area in which armed forces of the United   States are or have engaged in combat;                (15)  a current or former employee of the Texas   Juvenile Justice Department or of the predecessors in function of   the department;                (16)  a current or former juvenile probation or   supervision officer certified by the Texas Juvenile Justice   Department, or the predecessors in function of the department,   under Title 12, Human Resources Code; [and]                (17)  a current or former employee of a juvenile   justice program or facility, as those terms are defined by Section   261.405, Family Code; and                (18)  a current or former firefighter or current or   former emergency medical services personnel, as those terms are   defined by Article 42.014, Code of Criminal Procedure.          SECTION 7.  Article 42.014, Code of Criminal Procedure, as   amended by this Act, and Section 12.47, Penal Code, as amended by   this Act, 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 8.  This Act takes effect September 1, 2017.