Texas 2023 - 88th Regular

Texas House Bill HB4014

Filed
3/8/23  
Out of Senate Committee
 
Voted on by Senate
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to prohibiting the carrying of a firearm by a member of a criminal street gang while engaged in certain criminal activity; creating a criminal offense; changing the eligibility for community supervision.

Impact

The implementation of HB 4014 would impact various aspects of state law, particularly those related to weapon possession by individuals classified as gang members. This bill would substantially alter eligibility for community supervision for individuals charged with firearm-related offenses while being part of a criminal street gang, potentially leading to more stringent penalties. Additionally, it may streamline prosecutions under this provision by establishing clear criteria for offenses tied to gang membership and firearm possession.

Summary

House Bill 4014 aims to prohibit members of criminal street gangs from carrying firearms while engaged in certain criminal activities. The bill, as proposed by Representative Murr, addresses the ongoing issue of gang-related violence in Texas by establishing that carrying a firearm in conjunction with specified criminal offenses will constitute a felony. The legislation is expected to add a critical layer to existing unlawful carrying of weapons statutes, reinforcing actions against gang violence and associated crimes.

Sentiment

The sentiment surrounding HB 4014 appears to be mixed. Proponents, including law enforcement and crime prevention advocates, view the bill as a necessary tool to combat gang-related violence in Texas. There is an overwhelming concern about the growing incidence of firearms in hands of gang members and the associated public safety risks. However, there are significant concerns voiced by opponents who argue that the definitions of gang membership might be overly broad and subject to misuse, thus impacting the rights of individuals who may not be engaged in gang-related activities.

Contention

A notable point of contention remains the definition of what constitutes a 'criminal street gang' and how subjective interpretations could lead to unfair targeting of individuals. Critics argue that this bill could strip lawful gun rights from individuals merely labeled as gang members, potentially without substantial proof of their actual involvement in illegal activities. The balance between addressing public safety through stricter gun laws and maintaining individual rights continues to be a focal point of debate among lawmakers and community groups.

Texas Constitutional Statutes Affected

Civil Practice And Remedies Code

  • Chapter 1. General Provisions
    • Section: New Section

Code Of Criminal Procedure

  • Chapter 1. General Provisions
    • Section: 17
    • Section: New Section

Penal Code

  • Chapter 46. Weapons
    • Section: New Section
    • Section: 04
    • Section: 15

Health And Safety Code

  • Chapter 481. Texas Controlled Substances Act
    • Section: New Section

Companion Bills

TX SB2042

Identical Relating to prohibiting the carrying of a handgun by a member of a criminal street gang while engaged in criminal activity; creating a criminal offense; changing the eligibility for community supervision.

Similar Bills

No similar bills found.