Texas Senate Bill SB2042

Texas 2023 - 88th Regular

• Filed: 3/9/23

Caption

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.

Impact

The bill would amend various sections of the Texas Penal Code, specifically targeting the intersection of gun control and gang activity. By defining the parameters for the gun possession of gang-affiliated individuals during illegal activities, it aims to give law enforcement additional tools to combat gang violence. The law also indicates a shift in how community supervision is assigned in the context of violent offenses, potentially tightening the criteria under which offenders can be released back into society.

Summary

SB2042 addresses the carrying of handguns by members of criminal street gangs while they are engaged in criminal activities. The bill aims to enhance public safety by creating a specific offense for such activities and changing the eligibility for community supervision related to violent offenses. Under this law, members of criminal street gangs who carry handguns during criminal activity could face felony charges, thus imposing stricter penalties on gang-related violence involving firearms. This is intended as a measure to curtail gang violence and illegal gun usage within the state.

Sentiment

The sentiment surrounding SB2042 is largely in favor of increasing public safety, particularly from legislators and community members concerned about gang violence and gun-related crimes. Proponents argue that the bill is a crucial step in addressing the ongoing issues of public safety and crime in Texas. However, there are dissenting opinions concerning the implications of the bill, with critics expressing concerns about potential overreach and the fairness of applying stricter consequences to gang members who may already be facing numerous challenges in their lives.

Contention

While supporters see SB2042 as a necessary measure to curb gang violence, opponents may point to potential unintended consequences, such as the risk of disproportionately targeting marginalized communities. The balance between enhancing public safety and protecting individual rights is central to the debate, raising questions about how to effectively reduce crime without infringing on legal rights. The bill is also likely to generate discussions about the broader context of gun control laws and their enforcement, making it a focal point in legislative discourse on crime prevention.

Texas Constitutional Statutes Affected

Code Of Criminal Procedure

• Chapter 17. Bail
  • Section: 03

• Chapter 42. Judgment And Sentence
  • Section: New Section

Penal Code

• Chapter 46. Weapons
  • Section: 02
  • Section: 04
  • Section: 15