Texas House Bill HB4399

Texas 2009 - 81st Regular

Caption

Relating to the criminal prosecution of racketeering; providing penalties.

Impact

With the introduction of this bill, the state laws will undergo significant changes in terms of how racketeering and organized crime are defined and prosecuted. Offenses identified in this bill, such as operating an enterprise through racketeering, will be classified as felonies of varying degrees, aiming to provide law enforcement with the tools needed to combat such crimes effectively. Furthermore, the bill allows for the prosecution of individuals who control or influence enterprises through racketeering, extending penalties significantly and aiming to dismantle the networks that facilitate organized crime.

Summary

House Bill 4399 focuses on the criminal prosecution of racketeering, an organized crime involvement that often encompasses various criminal activities carried out for financial gain. The bill introduces the concept of racketeering within Texas law by adding new definitions and guidelines under Chapter 34A of the Penal Code. Notably, it defines what constitutes 'racketeering,' listing specific crimes that fall under its scope, including human trafficking, robbery, fraud, and drug offenses. The intent behind the bill is to strengthen legal frameworks around organized crime and enable more effective prosecution of those involved in such enterprises.

Contention

While supporters of HB 4399 advocate for the necessity of such legislation to enhance law enforcement's capacity to tackle organized crime, there are concerns raised regarding the wider implications of broadening the definitions associated with racketeering. Critics may argue that such expansions could lead to overreach in prosecutorial powers, potentially affecting individuals or businesses that may get inadvertently swept up in accusations of racketeering. The balance between effectively combatting organized crime and maintaining civil liberties within the legislative framework is likely to be a point of contention as this bill moves forward.