Texas Senate Bill SB1788

Texas 2023 - 88th Regular

• Filed: 3/7/23

Caption

Relating to organized crime, racketeering activities, and collection of unlawful debts; providing a civil penalty; creating criminal offenses.

Impact

The passage of SB1788 would significantly modify existing state laws regarding organized crime and racketeering. By defining terms and setting forth civil penalties for offenses related to racketeering and unlawful debt collection, the bill aligns Texas laws more closely with federal standards under the Racketeer Influenced and Corrupt Organizations (RICO) Act. This alignment is expected to facilitate the prosecution of organized crime within the state, foster collaboration between law enforcement agencies, and potentially deter criminal enterprises from operating in Texas due to the heightened legal consequences.

Summary

SB1788 addresses organized crime and racketeering activities within the Texas legal framework. It introduces new definitions relevant to these subjects, such as 'enterprise' and 'unlawful debt,' creating a robust legal basis for prosecuting racketeering-related offenses and the collection of unlawful debts. The bill aims to strengthen civil remedies and enforcement mechanisms by enabling the Attorney General and local prosecutors to investigate and take action against entities engaged in such activities. It also establishes procedures for the expedited handling of cases deemed of special public importance, enhancing the efficiency of legal proceedings regarding racketeering.

Sentiment

The sentiment surrounding SB1788 appears to be largely supportive, particularly among law enforcement officials and advocates for crime reduction. Proponents argue that the bill provides necessary tools to combat sophisticated criminal operations that exploit legal loopholes for profit. However, there are concerns from civil liberties advocates regarding the potential implications for individuals and businesses who might be unjustly caught up in aggressive enforcement measures. This highlights a tension between enhancing public safety and ensuring adequate protections for citizens against wrongful persecution.

Contention

Notable points of contention arising from SB1788 include the balance between aggressive enforcement of racketeering laws and the protection of individual rights. Critics worry that the broad definitions and enforcement mechanisms could lead to misuse, where legitimate businesses could face undue scrutiny under the guise of combating organized crime. Furthermore, there are questions about the efficiency of resource allocation for law enforcement and how that might affect community relations with police departments.

Texas Constitutional Statutes Affected

Civil Practice And Remedies Code

• Chapter 140. Contractual Subrogation Rights Of Payors Of Certain Benefits
  • Section: New Section

Code Of Criminal Procedure

• Chapter 12. Limitation
  • Section: New Section

Penal Code

• Chapter 71. Organized Crime
  • Section: 01
  • Section: 02

• Chapter 72. Racketeering And Unlawful Debt Collection
  • Section: New Section

Property Code

• Chapter 68. Rico Liens
  • Section: New Section