Sec. 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 Section 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, 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.
Notes of Decisions
Cited in
18
cases (
3 in the last 5 years), 1996–2024 · leading case:
Jaynes v. State, 216 S.W.3d 839 (Tex. App. 2006).
Jaynes v. State, 216 S.W.3d 839 (Tex. App. 2006).
· cites it 5× “2006); Tex. Pen.Code Ann. § 12.47 (Vernon 2003).”
York v. State, 342 S.W.3d 528 (Tex. Crim. App. 2011).
· cites it 2× “35(c)(1); finding that an offense was committed because of bias or prejudice, TEX. PENAL CODE § 12.47(a); finding that murder was committed because of sudden passion, TEX.”
Ex Parte Watkins, 73 S.W.3d 264 (Tex. Crim. App. 2002).
· cites it 2× “35(c)(1); 2) was motivated by a particular bias or prejudice in committing the offense, Tex. Penal Code § 12.47; 3) acted in the heat of sudden passion at the time he murdered someone, Tex.”
Goff v. State, 931 S.W.2d 537 (Tex. Crim. App. 1996).
· cites it 2× “014 and Tex. Penal Code Ann. § 12.47 . [5] There is no place in an enlightened society for one to believe that perpetrating a crime on an individual is less reprehensible because of the victim's age, race, gender, religion, sexual orientation or socioeconomic status.”
State of West Virginia v. Steward Butler, 799 S.E.2d 718 (W. Va. 2017).
· cites it 2× “19 Having determined that the word “sex” in West Virginia Code § 61-6-21(b) is unambiguous and clearly imparts being male or female, and does not include “sexual orientation,” we further find that our determination is supported by the Legislature’s repeated rejection of any…”
Ex Parte Boyd, 58 S.W.3d 134 (Tex. Crim. App. 2001).
· cites it 2× “See Tex. Pen.Code § 12.47. 2 The jury then assessed applicant’s punishment at imprisonment for life, a punishment within the punishment range for a first degree felony but not within the punishment range for a second degree felony.”
Tibbs v. State, 125 S.W.3d 84 (Tex. App. 2003).
· cites it 2× “Tex. Pen.Code Ann. § 12.47(a) (Vernon Supp.”
Martinez v. State, 980 S.W.2d 662 (Tex. App. 1998).
· cites it 3× “Following the jury’s verdict of guilty on the lesser offense of serious bodily injury to a child based on reckless conduct, the trial judge instructed the parties to brief the issue of the applicability of the Texas Hate Crimes Act, particularly Tex. Penal Code Ann. § 12.47 ,…”
Sterry v. State, 959 S.W.2d 249 (Tex. App. 1997).
· cites it 2× “See TexPenal Code Ann. § 12.47 (Vernon 1994).”
Chimney v. State, 6 S.W.3d 681 (Tex. App. 1999).
“1999); Tex. Pen.Code Ann. § 12.47 (Vernon Supp. 1999).”
Brenneman v. State, 45 S.W.3d 729 (Tex. App. 2001).
· cites it 2× “2001); TexPen.Code Ann. § 12.47 (Vernon Supp.2001).”
Bodie Lee Jaynes v. State (Tex. App. 2006).
· cites it 5× “By eight issues, appellant contends: (1) he was not provided with a complete reporter's record; (2) the evidence is legally insufficient to support a hate-crime finding; (3) the evidence is factually insufficient to support a hate-crime finding; (4) the trial court erred in…”
— Tex. Penal Code § 12.47(a) — 4 cases
York v. State, 342 S.W.3d 528 (Tex. Crim. App. 2011).
“35(c)(1); finding that an offense was committed because of bias or prejudice, TEX. PENAL CODE § 12.47(a); finding that murder was committed because of sudden passion, TEX.”
Tibbs v. State, 125 S.W.3d 84 (Tex. App. 2003).
“Tex. Pen.Code Ann. § 12.47(a) (Vernon Supp.”
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