Texas 2009 - 81st Regular

Texas House Bill HB2187 Compare Versions

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Old	New	Differences
1	1	H.B. No. 2187
2	2
3	3
4	4	AN ACT
5	5	relating to the prosecution and punishment of offenses involving
6	6	coercing, inducing, or soliciting membership in a criminal street
7	7	gang.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. The heading to Section 71.022, Penal Code, is
10	10	amended to read as follows:
11	11	Sec. 71.022. COERCING, INDUCING, OR SOLICITING MEMBERSHIP
12	12	IN A CRIMINAL STREET GANG.
13	13	SECTION 2. Section 71.022, Penal Code, is amended by adding
14	14	Subsections (a-1) and (d) to read as follows:
15	15	(a-1) A person commits an offense if, with intent to coerce,
16	16	induce, or solicit a child to actively participate in the
17	17	activities of a criminal street gang, the person:
18	18	(1) threatens the child or a member of the child's
19	19	family with imminent bodily injury; or
20	20	(2) causes bodily injury to the child or a member of
21	21	the child's family.
22	22	(d) In this section:
23	23	(1) "Child" means an individual younger than 17 years
24	24	of age.
25	25	(2) "Family" has the meaning assigned by Section
26	26	71.003, Family Code.
27	27	SECTION 3. Section 22.015, Penal Code, is repealed.
28	28	SECTION 4. (a) The change in law made by this Act in
29	29	amending Section 71.022, Penal Code, applies only to an offense
30	30	committed on or after the effective date of this Act. An offense
31	31	committed before the effective date of this Act is covered by the
32	32	law in effect when the offense was committed, and the former law is
33	33	continued in effect for that purpose. For purposes of this section,
34	34	an offense was committed before the effective date of this Act if
35	35	any element of the offense occurred before that date.
36	36	(b) The repeal by this Act of Section 22.015, Penal Code,
37	37	does not apply to an offense committed under that section before the
38	38	effective date of the repeal. An offense committed before the
39	39	effective date of the repeal is covered by that section as it
40	40	existed on the date on which the offense was committed, and the
41	41	former law is continued in effect for that purpose. For purposes of
42	42	this subsection, an offense is committed before the effective date
43	43	of the repeal if any element of the offense occurs before that date.
44	44	SECTION 5. This Act takes effect September 1, 2009.
45	45	______________________________ ______________________________
46	46	President of the Senate Speaker of the House
47	47	I certify that H.B. No. 2187 was passed by the House on April
48	48	24, 2009, by the following vote: Yeas 139, Nays 0, 1 present, not
49	49	voting; and that the House concurred in Senate amendments to H.B.
50	50	No. 2187 on May 23, 2009, by the following vote: Yeas 140, Nays 1,
51	51	1 present, not voting.
52	52	______________________________
53	53	Chief Clerk of the House
54	54	I certify that H.B. No. 2187 was passed by the Senate, with
55	55	amendments, on May 21, 2009, by the following vote: Yeas 31, Nays
56	56	0.
57	57	______________________________
58	58	Secretary of the Senate
59	59	APPROVED: __________________
60	60	Date
61	61	__________________
62	62	Governor