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Texas Penal Code - Section 12.47. Penalty If Offense Committed Because Of Bias Or Prejudice

Legal Research Home > Texas Lawyer > Penal Code > Texas Penal Code - Section 12.47. Penalty If Offense Committed Because Of Bias Or Prejudice

§ 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.  This section does not apply to the trial of 
an offense of injury to a disabled individual under § 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.
	(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.

Added by Acts 1993, 73rd Leg., ch. 987, § 1, eff. Sept. 1, 1993.  
Amended by Acts 1997, 75th Leg., ch. 751, § 1, eff. Sept. 1, 
1997;  Acts 2001, 77th Leg., ch. 85, § 1.01, eff. Sept. 1, 2001.

Last modified: August 11, 2007