Relating to organized crime, racketeering activities, and collection of unlawful debts; providing a civil penalty; creating criminal offenses.
Impact
The enactment of HB 4635 will lead to amendments in existing laws and introduce new definitions and penalties related to racketeering and unlawful debt collection. Specifically, it establishes civil remedies for victims and allows for the civil forfeiture of properties involved in racketeering activities. This act is poised to have a far-reaching impact on local prosecutors and investigative agencies by providing the authority to seize and manage properties connected to organized crime, thereby altering the landscape of law enforcement operations in Texas.
Summary
House Bill 4635, known as the Texas Racketeering Act, introduces significant legal measures against organized crime and racketeering activities within the state. The bill provides law enforcement and prosecutors with enhanced legal tools to enforce penalties against individuals and organizations involved in a range of unlawful activities, particularly focusing on the collection of unlawful debts. The act reinforces the existing frameworks of civil and criminal regulatory responses to organized crime, significantly modeled after federal-level RICO statutes, aiming to strengthen the capacity of state agencies to combat these issues more effectively.
Sentiment
The general sentiment around HB 4635 appears to be supportive among law enforcement agencies and related organizations, who advocate for its passage as a much-needed tool to better address organized crime in Texas. However, there are concerns among civil liberties groups and some legislators, who argue that the provisions could lead to overreach and potential abuses of power in the enforcement of racketeering laws. The debate thus raises critical questions about balancing effective law enforcement against the safeguarding of individual rights and due process.
Contention
The discussion surrounding HB 4635 has highlighted notable points of contention, particularly regarding the broad definitions of racketeering and unlawful debt that may extend the reach of law enforcement beyond traditional parameters. Critics worry about the implications for small businesses and individuals who might become targets of investigation under the newly defined offenses, fearing unjust penalties or asset forfeiture without sufficient safeguards. As the bill becomes law, its application and interpretation will be closely monitored, particularly to address any civil rights concerns arising from its enforcement.
Texas Constitutional Statutes Affected
Civil Practice And Remedies Code
Chapter 140. Contractual Subrogation Rights Of Payors Of Certain Benefits
Section: New Section
Section: New Section
Section: New Section
Section: New Section
Section: New Section
Code Of Criminal Procedure
Chapter 12. Limitation
Section: New Section
Section: New Section
Section: New Section
Section: New Section
Section: New Section
Penal Code
Chapter 72. Racketeering And Unlawful Debt Collection
Identical
Relating to organized crime, racketeering activities, and collection of unlawful debts; providing a civil penalty; creating criminal offenses.
Relating to prostitution and the trafficking of persons, civil racketeering related to trafficking, the prevention, investigation, and prosecution of and punishment for certain sexual offenses and offenses involving or related to trafficking, reimbursement of certain costs for criminal victims who are children, and the release and reporting of certain information relating to a child; increasing criminal penalties; creating criminal offenses.
Relating to prostitution and the trafficking of persons, civil racketeering related to trafficking, the prosecution of and punishment for certain sexual offenses and offenses involving or related to trafficking, reimbursement of certain costs for criminal victims who are children, and the release and reporting of certain information relating to a child; increasing a criminal penalty; creating a criminal offense.
Relating to regulation of certain facilities and establishments with respect to, civil remedies for certain criminal activities affecting, and certain criminal offenses involving health, safety, and welfare; creating a criminal offense; increasing criminal penalties.
Reallocates portion of certain forfeited property as incentive for informants of drug-related offenses and to provide inpatient treatment for certain drug-dependent individuals.
Reallocates portion of certain forfeited property as incentive for informants of drug-related offenses and to provide inpatient treatment for certain drug-dependent individuals.