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A BILL TO BE ENTITLED
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AN ACT
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relating to a study regarding the effectiveness of the James Byrd |
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Jr. Hate Crimes Act. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 2, Code of Criminal Procedure, is |
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amended by adding Article 2.212 to read as follows: |
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Art. 2.212. STUDY OF EFFECTIVENESS OF JAMES BYRD JR. HATE |
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CRIMES ACT. (a) The attorney general shall conduct a study to |
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examine the success of Chapter 85 (H.B. 587), Acts of the 77th |
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Legislature, Regular Session, 2001, and subsequent amendments to |
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that chapter. |
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(b) To accumulate data for purposes of Subsection (a), the |
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attorney general shall: |
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(1) examine the characteristics of crimes reported as |
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crimes of bias or prejudice and categorize each crime by: |
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(A) type; |
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(B) severity; |
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(C) year of commission; |
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(D) any protected class status of the victim; |
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(E) any protected class status of the alleged |
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perpetrator; and |
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(F) any other factor that would assist in |
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improving the effectiveness of the hate crimes law; |
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(2) for each crime identified under Subdivision (1), |
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examine: |
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(A) whether an affirmative finding under the hate |
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crimes law was requested and obtained; |
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(B) whether a protective order was requested and |
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obtained; |
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(C) whether other charges related to the incident |
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were filed; |
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(D) whether any charging instrument for the crime |
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included an enhancement of punishment under Section 12.47, Penal |
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Code, based on an affirmative finding under the hate crimes law; |
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(E) whether other convictions were obtained; and |
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(F) if no affirmative finding under the hate |
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crimes law was requested: |
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(i) whether the alleged perpetrator was |
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ever identified; |
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(ii) whether there was any basis found for |
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an affirmative finding or other charge; and |
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(iii) whether a victim declined to |
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participate in the investigation; |
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(3) interview attorneys representing the state in the |
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prosecution of crimes identified under Subdivision (1) to determine |
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whether, in a representative sample of those crimes, plea |
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negotiations were influenced by the possibility of an enhancement |
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of punishment under Section 12.47, Penal Code, based on an |
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affirmative finding under the hate crimes law; |
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(4) interview a representative sample of victims of |
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crimes recorded as crimes of bias or prejudice and examine their |
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experiences with the hate crimes prosecution process to determine |
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problems, burdens, or disincentives to the prosecution of hate |
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crimes; |
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(5) for Section 22.111, Government Code, examine: |
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(A) the amount of money appropriated for |
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prosecutorial training; |
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(B) how many training sessions were provided; |
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(C) how many training sessions were requested; |
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and |
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(D) the number of attendees of any training |
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sessions provided; |
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(6) for Article 104.004 of this code, examine: |
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(A) the amount of money appropriated; |
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(B) the number of requests made for money and the |
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amounts requested; and |
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(C) the total amount of money distributed; and |
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(7) for Section 29.905, Education Code, examine: |
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(A) the amount of money appropriated for |
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community and public curricula; |
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(B) the results of any curriculum feedback model; |
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(C) the number of requests for a curriculum; |
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(D) when a curriculum was developed; and |
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(E) the amount of any actual instruction under a |
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curriculum. |
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(c) Not later than January 1, 2013, the attorney general |
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shall deliver a report to each house of the legislature on the data |
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collected under Subsection (b). |
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(d) This article expires February 1, 2013. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2011. |