Tex. Code Crim. Proc. art. 42.014 · Chapter 42. JUDGMENT AND SENTENCE
FINDING THAT OFFENSE WAS COMMITTED BECAUSE OF BIAS OR PREJUDICE.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) In the trial of an offense under Title 5, Penal Code, or Section 28.02, 28.03, 28.08, or 42.0601, 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 the person's property that was 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 or by status as a peace officer or judge.
(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.
Notes and commentary — not statutory text
History
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.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 440 (H.B. 2908), Sec. 1, eff. September 1, 2017.
Acts 2021, 87th Leg., R.S., Ch. 945 (S.B. 1056), Sec. 3, eff. September 1, 2021.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/CR/htm/CR.42.htm
- Text hash
- sha256 f0895946f8dc1e826b8def29b8c2bdf3650c9e29499e0afe615650f7f3414add
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Penal Code
- Tex. Penal Code tit. 5OFFENSES AGAINST THE PERSONPrinted as Title 5, Penal Code
- Tex. Penal Code § 28.02ARSON.Printed as Section 28.02, 28.03, 28.08, or 42.0601, Penal Code
- Tex. Penal Code § 28.03CRIMINAL MISCHIEF.Printed as Section 28.02, 28.03, 28.08, or 42.0601, Penal Code
- Tex. Penal Code § 28.08GRAFFITI.Printed as Section 28.02, 28.03, 28.08, or 42.0601, Penal Code
- Tex. Penal Code § 42.0601FALSE REPORT TO INDUCE EMERGENCY RESPONSE.Printed as Section 28.02, 28.03, 28.08, or 42.0601, Penal Code
Cited by 10 provisions
Provisions in this library whose text cites Tex. Code Crim. Proc. art. 42.014. Each shows the citation as that text prints it.
Code of Criminal Procedure
- Tex. Code Crim. Proc. art. 2A.211CLERKS: HATE CRIME REPORTING.Printed as Article 42.014
- Tex. Code Crim. Proc. art. 7B.101REQUEST FOR PROTECTIVE ORDER.Printed as Article 42.014
- Tex. Code Crim. Proc. art. 42.01JUDGMENT.Printed as Article 42.014
- Tex. Code Crim. Proc. art. 42A.304COMMUNITY SERVICE.Printed as Article 42.014
- Tex. Code Crim. Proc. art. 42A.501COMMUNITY SUPERVISION FOR OFFENSE COMMITTED BECAUSE OF BIAS OR PREJUDICE.Printed as Article 42.014
- Tex. Code Crim. Proc. art. 104.004EXTRAORDINARY COSTS OF PROSECUTION.Printed as Article 42.014
Government Code
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.