Texas Code of Criminal Procedure - Article 42.014. Finding That Offense Was Committed Because Of Bias Or Prejudice
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Art. 42.014. FINDING THAT OFFENSE WAS COMMITTED BECAUSE OF
BIAS OR PREJUDICE. (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 property 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.
(b) The sentencing judge may, as a condition of punishment,
require attendance in an educational program to further tolerance
and acceptance of others.
(c) In this article, "sexual preference" has the following
meaning only: a preference for heterosexuality, homosexuality, or
bisexuality.
Added by Acts 1993, 73rd Leg., ch. 987, Sec. 5, eff. Sept. 1, 1993.
Amended by Acts 1995, 74th Leg., ch. 318, Sec. 50, eff. Sept. 1,
1995; Acts 2001, 77th Leg., ch. 85, Sec. 1.02, eff. Sept. 1, 2001.
Article: 39.13 39.14 40.001 42.01 42.011 42.012 42.013 42.014 42.015 42.016 42.017 42.018 42.0181 42.019 42.02
Last modified: August 11, 2007
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