Texas Code of Criminal Procedure Art. 42.014 Art. 42.014. Finding That Offense Was Committed Because of Bias or Prejudice

(a) In the trial of an offense under Title 5   1, Penal Code, or Section 28.02 , 28.03 , or 28.08, 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.

1 V.T.C.A., Penal Code § 19.01 et seq.

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