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  • Writer's pictureBrian Foley

Houston Criminal Defense Attorney - Texas Code of Criminal Procedure Art. 2.211

In the pursuit of justice and the prevention of hate crimes, it is crucial to have comprehensive laws that ensure accurate reporting and tracking of such incidents. Texas Law, specifically Art. 2.211, mandates the reporting of hate crime requests to the Texas Judicial Council. This legislation plays a vital role in collecting data and evaluating the efficacy of the criminal justice system in addressing hate crimes. In this blog post, we will delve into the specifics of Art. 2.211 and its implications for hate crime reporting in Texas.


Houston Criminal Defense Attorney Texas Code of Criminal Procedure Art. 2.211
Houston Criminal Defense Attorney Texas Code of Criminal Procedure Art. 2.211

Background


Art. 2.211 was introduced as an amendment to existing legislation in 2001 by the 77th Texas Legislature. Its purpose is to supplement the duties required by Article 2.21, which primarily deals with the responsibilities of clerks in district or county courts. As a Houston Criminal Defense Attorney you deal with the District Clerk's Office daily. The amendment specifies the reporting obligations of these clerks when an affirmative finding under Article 42.014 is requested.


Reporting Requirements


According to Art. 2.211, when an affirmative finding under Article 42.014 is requested, the clerk of a district or county court must report that request to the Texas Judicial Council. The report should include a statement indicating whether the court granted the request and if the affirmative finding was entered in the judgment of the case.

The reporting timeline is essential. The clerk is required to submit the report no later than the 30th day following the date the judgment is entered in the case. This timeframe ensures timely reporting, allowing for the efficient collection and analysis of hate crime data.


Importance of Reporting Hate Crimes


Hate crimes have a profound impact on individuals, communities, and society as a whole. By reporting hate crimes accurately, we gain crucial insights into the prevalence, nature, and patterns of such offenses. This data can inform policymakers, law enforcement agencies, and advocacy groups, enabling them to develop effective strategies to combat hate crimes.


The reporting of hate crime requests and the subsequent affirmative findings can shed light on various aspects, including the number of hate crime cases, the demographic information of victims and offenders, the types of bias involved, and the outcomes of these cases. These insights provide a comprehensive overview of the challenges faced and progress made in addressing hate crimes in Texas.


Enhancing Accountability and Transparency


Art. 2.211 contributes to accountability and transparency within the criminal justice system. By mandating the reporting of hate crime requests and their outcomes, the legislation ensures that the Texas Judicial Council receives comprehensive information to evaluate the effectiveness of hate crime laws and their application in the courts.

The data collected through these reports helps identify any gaps or shortcomings in the judicial process concerning hate crimes. It facilitates evidence-based discussions on how to improve law enforcement practices, develop targeted prevention programs, and enhance support services for victims of hate crimes.


Art. 2.211. HATE CRIME REPORTING. In addition to performing duties required by Article 2.21, a clerk of a district or county court in which an affirmative finding under Article 42.014 is requested shall report that request to the Texas Judicial Council, along with a statement as to whether the request was granted by the court and, if so, whether the affirmative finding was entered in the judgment in the case. The clerk shall make the report required by this article not later than the 30th day after the date the judgment is entered in the case. Added by Acts 2001, 77th Leg., ch. 85, Sec. 4.01, eff. Sept. 1, 2001.


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