Texas Senate Bill SB1427

Texas 2023 - 88th Regular

• Filed: 3/2/23
• Out of Senate Committee: 4/4/23
• Voted on by Senate: 4/11/23

Caption

Relating to certain criminal conduct and organizations that threaten the security of this state and its residents and borders; increasing criminal penalties.

Impact

The bill significantly modifies existing laws under the Code of Criminal Procedure and the Penal Code concerning the prosecution and labeling of gang-related activities. It mandates criminal justice agencies to compile intelligence databases focused on criminal street gangs and foreign terrorist organizations, thereby enhancing the capacity for tracking and addressing these institutions. Several provisions also impose stricter consequences for offenses committed in counties or municipalities experiencing declared disasters or emergency evacuation orders, hence escalating the penalties for such crimes in sensitive situations. This legislative action is intended to deter gang influence and improve public safety throughout Texas.

Summary

SB1427 aims to address criminal activities associated with street gangs and foreign terrorist organizations that threaten the security of Texas and its residents. The bill proposes to increase penalties for offenses related to smuggling, gang recruitment, and organized criminal activities. One of the central aspects of the bill is the inclusion of 'foreign terrorist organizations' as a recognized category of criminal threat, specifically targeting those involved in trafficking and smuggling operations linked to drug cartels. This change aligns Texas state laws more closely with federal laws governing similar issues, providing law enforcement with additional tools to combat these threats effectively.

Sentiment

The sentiment surrounding SB1427 is largely supportive among legislators aiming to enhance state security and public safety, particularly in regions most affected by drug trafficking and organized crime. However, there are concerns raised by civil rights advocacy groups about the implications of broadening the definitions of gangs and terrorist organizations, which may lead to overreach in law enforcement. Critics argue that the expanded categorizations could pave the way for increased racial profiling and infringement on civil liberties for communities that might be unjustly targeted under these new definitions.

Contention

Notable points of contention include the broad definitions applied to 'foreign terrorist organizations' and the potential for misuse in legal enforcement. The bill's expanded focus on gang activity and the mechanisms for monitoring such organizations invoke apprehensions about privacy and civil rights. Additionally, some argue that the increased penalties may not effectively deter the behaviors they aim to curtail and could disproportionately impact already vulnerable populations. The dialogue around SB1427 reflects divergent perspectives on how to best balance public safety with the rights of individuals and communities.

Texas Constitutional Statutes Affected

Civil Practice And Remedies Code

• Chapter 125. Common And Public Nuisances
  • Section: New Section
  • Section: 065
  • Section: 069
  • Section: 070
  • Section: New Section
  • Section: 065
  • Section: New Section
  • Section: 065
  • Section: 070

Code Of Criminal Procedure

• Chapter 67. Compilation Of Information Pertaining To Combinations And Criminal Street Gangs
  • Section: New Section
  • Section: 051
  • Section: 054
  • Section: 102
  • Section: 251
  • Section: 255
  • Section: New Section
  • Section: 051
  • Section: 102
  • Section: 251
  • Section: 252
  • Section: 254
  • Section: 255

Penal Code

• Chapter 71. Organized Crime
  • Section: 01
  • Section: 022
  • Section: 023
  • Section: 01
  • Section: 01
  • Section: 022
  • Section: 023

• Chapter 20. Kidnapping, Unlawful Restraint, Andsmuggling Of Persons
  • Section: 05
  • Section: 06
  • Section: 07
  • Section: 05
  • Section: 06
  • Section: 07

• Chapter 12. Punishments
  • Section: 50

• Chapter 22. Assaultive Offenses
  • Section: New Section

Property Code

• Chapter 5. Conveyances
  • Section: New Section