Texas House Bill HB1618

Texas 2009 - 81st Regular

Caption

Relating to the civil and criminal prosecution of racketeering; providing penalties.

Impact

If enacted, HB1618 would amend existing laws, particularly incorporating provisions into the Civil Practice and Remedies Code and the Penal Code that would reinforce the legal infrastructure surrounding racketeering offenses. The bill aims to empower the Attorney General to file suits against offending entities and seek penalties that could include substantial fines for racketeering acts. This change is expected to have significant implications for law enforcement and prosecutorial strategies against organized crime within the state.

Summary

House Bill 1618 focuses on the civil and criminal prosecution of racketeering in the state of Texas, providing a comprehensive framework for defining, prosecuting, and penalizing racketeering offenses. The bill establishes clear definitions for key terms such as 'enterprise', 'racketeering', and 'proceeds'. It creates civil remedies allowing the state to pursue legal action against individuals or enterprises engaging in financed racketeering activities as defined by the law, thus enhancing the state's ability to combat organized crime effectively.

Contention

Notably, the bill addresses issues of racketeering through systemic definitions and penalties which may invoke debate over its scope and impact on businesses. Critics may argue that enhanced civil liberties and procedural safeguards need to accompany the broad definitions of racketeering to prevent misuse of these provisions against lawful enterprises. It could raise concerns regarding civil rights, particularly how these laws might be enacted over individual and business rights, prompting scrutiny on ensuring the laws are applied fairly and justly.