| 1 | 1 | | 81R9194 HLT-F |
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| 2 | 2 | | By: Moody H.B. No. 2086 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the prosecution and punishment of the offense of |
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| 8 | 8 | | engaging in organized criminal activity. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 71.02(a), Penal Code, is amended to read |
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| 11 | 11 | | as follows: |
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| 12 | 12 | | (a) A person commits an offense if, with the intent to |
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| 13 | 13 | | establish, maintain, or participate in a combination or in the |
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| 14 | 14 | | profits of a combination or as a member of a criminal street gang, |
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| 15 | 15 | | he commits or conspires to commit one or more of the following: |
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| 16 | 16 | | (1) murder, capital murder, arson, aggravated |
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| 17 | 17 | | robbery, robbery, burglary, theft, aggravated kidnapping, |
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| 18 | 18 | | kidnapping, aggravated assault, aggravated sexual assault, sexual |
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| 19 | 19 | | assault, forgery, deadly conduct, assault punishable as a Class A |
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| 20 | 20 | | misdemeanor, burglary of a motor vehicle, or unauthorized use of a |
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| 21 | 21 | | motor vehicle; |
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| 22 | 22 | | (2) any gambling offense punishable as a Class A |
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| 23 | 23 | | misdemeanor; |
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| 24 | 24 | | (3) promotion of prostitution, aggravated promotion |
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| 25 | 25 | | of prostitution, or compelling prostitution; |
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| 26 | 26 | | (4) unlawful manufacture, transportation, repair, or |
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| 27 | 27 | | sale of firearms or prohibited weapons; |
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| 28 | 28 | | (5) unlawful manufacture, delivery, dispensation, or |
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| 29 | 29 | | distribution of a controlled substance or dangerous drug, or |
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| 30 | 30 | | unlawful possession of a controlled substance or dangerous drug |
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| 31 | 31 | | through forgery, fraud, misrepresentation, or deception; |
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| 32 | 32 | | (6) any unlawful wholesale promotion or possession of |
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| 33 | 33 | | any obscene material or obscene device with the intent to wholesale |
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| 34 | 34 | | promote the same; |
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| 35 | 35 | | (7) any offense under Subchapter B, Chapter 43, |
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| 36 | 36 | | depicting or involving conduct by or directed toward a child |
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| 37 | 37 | | younger than 18 years of age; |
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| 38 | 38 | | (8) any felony offense under Chapter 32; |
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| 39 | 39 | | (9) any offense under Chapter 36; |
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| 40 | 40 | | (10) any offense under Chapter 34 or 35; |
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| 41 | 41 | | (11) any offense under Section 37.11(a); |
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| 42 | 42 | | (12) any offense under Chapter 20A; [or] |
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| 43 | 43 | | (13) any offense under Section 37.10; or |
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| 44 | 44 | | (14) any offense under Section 38.06, 38.07, 38.09, or |
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| 45 | 45 | | 38.11. |
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| 46 | 46 | | SECTION 2. The change in law made by this Act applies only |
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| 47 | 47 | | to an offense committed on or after the effective date of this Act. |
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| 48 | 48 | | An offense committed before the effective date of this Act is |
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| 49 | 49 | | covered by the law in effect when the offense was committed, and the |
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| 50 | 50 | | former law is continued in effect for that purpose. For purposes of |
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| 51 | 51 | | this section, an offense was committed before the effective date of |
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| 52 | 52 | | this Act if any element of the offense occurred before that date. |
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| 53 | 53 | | SECTION 3. This Act takes effect September 1, 2009. |
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