87R3219 MCF-F     By: Miles S.B. No. 81       A BILL TO BE ENTITLED   AN ACT   relating to making certain false alarms or reports because of bias   or prejudice; increasing a criminal penalty.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Article 42.014, Code of Criminal Procedure, is   amended by adding Subsection (a-1) to read as follows:          (a-1)  In the trial of an offense under Section 42.06(a)(1),   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:                (1)  committed the offense for the purpose of causing a   law enforcement agency to take action against another person; and                (2)  intentionally selected the person described by   Subdivision (1) 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 status as a peace officer or judge.          SECTION 2.  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 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(a)   [42.014], Code of Criminal Procedure, shows that the defendant   intentionally selected the victim because the victim was disabled.          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, 2021.