Highlights 77th Texas Legislature - Senate

________________ C RIMINAL
USTICE/General/General
RIMINAL JUSTICE
77 th Texas Legislature
Requires the court to appoint two disinterested experts experienced and qualified in the field of diagnosing
mental retardation to examine the defendant and determine whether the defendant is a person with mental
retardation.
Provides that after the examination of the defendant by the experts, the court, in a hearing, shall consider
those experts’ findings and the findings of other experts offered by attorneys representing the state or
defendant.
Requires the court to sentence the defendant to life imprisonment if, at such hearing, the court finds by a
preponderance of the evidence that the defendant is a person with mental retardation. If the court does not
make such a finding, the court shall sentence the defendant to death.
Authorizes the defendant and the state to seek a direct appeal to the court of criminal appeals of the court’s
finding and requires the court of criminal appeals to give priority to the review of such an appeal.
Increasing the Penalty for Prostitution - H.B. 460
by Representative Hartnett, et al.
Senate Sponsor: Senator West
Increases the penalty for a third or subsequent conviction for prostitution from a Class B misdemeanor to a
state jail felony.
James Byrd, Jr. Hate Crimes Act - H.B. 587
by Representative Thompson, et al.
Senate Sponsor: Senator Ellis
This bill is referred to as the “James Byrd, Jr. Hate Crimes Act.” Hate crimes are acts committed primarily
because of the actor's bias or prejudice against the victim. Even though hate crimes are not always
reported and some counties do not keep such statistics, according to the Texas Department of Public
Safety report, "Crime in Texas 1997: The Texas Crime Report," the total number of hate crime incidents in
1997 was 331. These incidents involved 361 victims, 420 offenders, and resulted in a total of 360 offenses.
Enhances penalties for crimes motivated by hate, prejudice, or bias against a group identified by race,
color, disability, religion, national origin or ancestry, age, gender, or sexual preference.
Provides the means for obtaining resources and assistance for the investigation and prosecution of hate
crimes.
Provides the means for obtaining and enforcing protective orders regarding defendants found to be likely to
engage in prohibited conduct that is motivated by bias or prejudice in the future.
Adds hate crime reporting requirements between the clerk of a district or county court and the Texas
Judicial Council.
Adds requirements for community education relating to hate crime law and training for prosecutors related
to punishment enhancement for a defendant who commits an offense motivated by bias or prejudice.
Senate Research Center 50