Texas Penal Code

Sec. § 12.47
Penalty If Offense Committed Because of Bias or Prejudice


(a)

If an affirmative finding under Article 42.014 (Finding That Offense Was Committed Because of Bias or Prejudice), 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 (Injury to a Child, Elderly Individual, or Disabled Individual), if the affirmative finding in the case under Article 42.014 (Finding That Offense Was Committed Because of Bias or Prejudice), 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, Sec. 1, eff. Sept. 1, 1993. Amended by Acts 1997, 75th Leg., ch. 751, Sec. 1, eff. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 85, Sec. 1.01, eff. Sept. 1, 2001.
Source

Last accessed
Jun. 7, 2021