Texas 2009 - 81st Regular

Texas House Bill HB4399 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	2009S0681-1 03/11/09
2	2	By: Pena H.B. No. 4399
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the criminal prosecution of racketeering; providing
8	8	penalties.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Title 7, Penal Code, is amended by adding Chapter
11	11	34A to read as follows:
12	12	CHAPTER 34A. RACKETEERING
13	13	Sec. 34A.001. DEFINITIONS. In this chapter:
14	14	(1) "Enterprise" means a corporation, partnership,
15	15	association, labor union, or other legal entity, or any group of
16	16	persons associated in fact although not a legal entity.
17	17	(2) "Racketeering" means an act committed by a person
18	18	or enterprise, for financial gain, related to an offense described
19	19	in the following list, including any preparatory or completed
20	20	offense, that is chargeable or indictable under the laws of this
21	21	state or another state, federal law, the laws of a foreign country,
22	22	or the Uniform Code of Military Justice and that is punishable by
23	23	imprisonment for more than one year under the jurisdiction in which
24	24	the violation occurred:
25	25	(A) criminal homicide as described by Chapter 19;
26	26	(B) kidnapping or unlawful restraint as
27	27	described by Chapter 20;
28	28	(C) trafficking of persons as described by
29	29	Chapter 20A;
30	30	(D) a sexual offense as described by Chapter 21;
31	31	(E) an assaultive offense as described by Chapter
32	32	22;
33	33	(F) arson, criminal mischief, or other property
34	34	damage or destruction as described by Chapter 28;
35	35	(G) robbery as described by Chapter 29;
36	36	(H) theft as described by Chapter 31;
37	37	(I) fraud as described by Chapter 32;
38	38	(J) a computer crime as described by Chapter 33;
39	39	(K) money laundering as described by Chapter 34;
40	40	(L) bribery and corrupt influence as described by
41	41	Chapter 36;
42	42	(M) prostitution or obscenity as described by
43	43	Chapter 43;
44	44	(N) trafficking of explosive weapons, firearms,
45	45	or components of explosives as described by Chapter 46;
46	46	(O) gambling as described by Chapter 47;
47	47	(P) engaging in organized criminal activity as
48	48	described by Section 71.02;
49	49	(Q) manufacture or delivery of a controlled
50	50	substance or dangerous drug as described by Chapter 481 or 483; and
51	51	(R) intentional or reckless fraud in the purchase
52	52	or sale of securities as described by The Securities Act (Article
53	53	581-1 et seq., Vernon's Texas Civil Statutes).
54	54	Sec. 34A.002. ILLEGAL CONTROL OR CONDUCT OF ENTERPRISE.
55	55	(a) A person commits an offense if the person knowingly:
56	56	(1) through racketeering or its proceeds, acquires or
57	57	maintains, by investment or otherwise, control of an enterprise;
58	58	(2) is employed by or associated with an enterprise
59	59	and conducts any of the enterprise's affairs through racketeering;
60	60	(3) participates directly or indirectly in the conduct
61	61	of an enterprise that the person knows is being conducted, wholly or
62	62	partially, through racketeering; or
63	63	(4) hires, engages, or uses a minor for any conduct
64	64	preparatory to or in completion of an offense under Subdivision
65	65	(1), (2), or (3).
66	66	(b) An offense under Subsection (a)(1), (2), or (3) is a
67	67	felony of the third degree. An offense under Subsection (a)(4) is a
68	68	felony of the second degree.
69	69	SECTION 2. Subsection (a), Section 71.02, Penal Code, is
70	70	amended to read as follows:
71	71	(a) A person commits an offense if, with the intent to
72	72	establish, maintain, or participate in a combination or in the
73	73	profits of a combination or as a member of a criminal street gang,
74	74	the person [he] commits or conspires to commit one or more of the
75	75	following:
76	76	(1) murder, capital murder, arson, aggravated
77	77	robbery, robbery, burglary, theft, aggravated kidnapping,
78	78	kidnapping, aggravated assault, aggravated sexual assault, sexual
79	79	assault, forgery, deadly conduct, assault punishable as a Class A
80	80	misdemeanor, burglary of a motor vehicle, or unauthorized use of a
81	81	motor vehicle;
82	82	(2) any gambling offense punishable as a Class A
83	83	misdemeanor;
84	84	(3) promotion of prostitution, aggravated promotion
85	85	of prostitution, or compelling prostitution;
86	86	(4) unlawful manufacture, transportation, repair, or
87	87	sale of firearms or prohibited weapons;
88	88	(5) unlawful manufacture, delivery, dispensation, or
89	89	distribution of a controlled substance or dangerous drug, or
90	90	unlawful possession of a controlled substance or dangerous drug
91	91	through forgery, fraud, misrepresentation, or deception;
92	92	(6) any unlawful wholesale promotion or possession of
93	93	any obscene material or obscene device with the intent to wholesale
94	94	promote the same;
95	95	(7) any offense under Subchapter B, Chapter 43,
96	96	depicting or involving conduct by or directed toward a child
97	97	younger than 18 years of age;
98	98	(8) any felony offense under Chapter 32;
99	99	(9) any offense under Chapter 36;
100	100	(10) any offense under Chapter 34 or 35;
101	101	(11) any offense under Section 37.11(a);
102	102	(12) any offense under Chapter 20A; [or]
103	103	(13) any offense under Section 37.10; or
104	104	(14) any offense under Chapter 34A.
105	105	SECTION 3. Subdivision (1), Article 59.01, Code of Criminal
106	106	Procedure, is amended to read as follows:
107	107	(1) "Attorney representing the state" means the
108	108	prosecutor with felony jurisdiction in the county in which a
109	109	forfeiture proceeding is held under this chapter or, in a
110	110	proceeding for forfeiture of contraband as defined under
111	111	Subdivision (2)(B)(v) of this article, the city attorney of a
112	112	municipality if the property is seized in that municipality by a
113	113	peace officer employed by that municipality and the governing body
114	114	of the municipality has approved procedures for the city attorney
115	115	acting in a forfeiture proceeding. In a proceeding for forfeiture
116	116	of contraband as defined under Subdivision (2)(B)(vii), (2)(B)(x),
117	117	(2)(F), or (2)(G) of this article, the term includes the attorney
118	118	general.
119	119	SECTION 4. Subdivision (2), Article 59.01, Code of Criminal
120	120	Procedure, as effective April 1, 2009, is amended to read as
121	121	follows:
122	122	(2) "Contraband" means property of any nature,
123	123	including real, personal, tangible, or intangible, that is:
124	124	(A) used in the commission of:
125	125	(i) any first or second degree felony under
126	126	the Penal Code;
127	127	(ii) any felony under Section 15.031(b),
128	128	20.05, 21.11, 38.04, Subchapter B of Chapter 43, or Chapter 29, 30,
129	129	31, 32, 33, 33A, or 35, Penal Code;
130	130	(iii) any felony under The Securities Act
131	131	(Article 581-1 et seq., Vernon's Texas Civil Statutes); or
132	132	(iv) any offense under Chapter 49, Penal
133	133	Code, that is punishable as a felony of the third degree or state
134	134	jail felony, if the defendant has been previously convicted three
135	135	times of an offense under that chapter;
136	136	(B) used or intended to be used in the commission
137	137	of:
138	138	(i) any felony under Chapter 481, Health
139	139	and Safety Code (Texas Controlled Substances Act);
140	140	(ii) any felony under Chapter 483, Health
141	141	and Safety Code;
142	142	(iii) a felony under Chapter 153, Finance
143	143	Code;
144	144	(iv) any felony under Chapter 34, Penal
145	145	Code;
146	146	(v) a Class A misdemeanor under Subchapter
147	147	B, Chapter 365, Health and Safety Code, if the defendant has been
148	148	previously convicted twice of an offense under that subchapter;
149	149	(vi) any felony under Chapter 152, Finance
150	150	Code;
151	151	(vii) any felony under Chapter 32, Human
152	152	Resources Code, or Chapter 31, 32, 35A, or 37, Penal Code, that
153	153	involves the state Medicaid program;
154	154	(viii) a Class B misdemeanor under Chapter
155	155	522, Business & Commerce Code; [or]
156	156	(ix) a Class A misdemeanor under Section
157	157	35.153, Business & Commerce Code; or
158	158	(x) a violation of Chapter 34A, Penal Code;
159	159	(C) the proceeds gained from the commission of a
160	160	felony listed in Paragraph (A) or (B) of this subdivision, a
161	161	misdemeanor listed in Paragraph (B)(viii) of this subdivision, or a
162	162	crime of violence;
163	163	(D) acquired with proceeds gained from the
164	164	commission of a felony listed in Paragraph (A) or (B) of this
165	165	subdivision, a misdemeanor listed in Paragraph (B)(viii) of this
166	166	subdivision, or a crime of violence; [or]
167	167	(E) used to facilitate or intended to be used to
168	168	facilitate the commission of a felony under Section 15.031 or
169	169	43.25, Penal Code;
170	170	(F) used to facilitate or intended to be used to
171	171	facilitate the commission of a violation of Chapter 34A, Penal
172	172	Code; or
173	173	(G) the proceeds of or acquired with the proceeds
174	174	of the commission of a violation of Chapter 34A, Penal Code.
175	175	SECTION 5. (a) The changes in law made by Chapter 34A,
176	176	Penal Code, as added by this Act, and by Subsection (a), Section
177	177	71.02, Penal Code, and Subdivisions (1) and (2), Article 59.01,
178	178	Code of Criminal Procedure, as amended by this Act, apply only to an
179	179	offense committed on or after the effective date of this Act. For
180	180	purposes of this section, an offense was committed before the
181	181	effective date of this Act if any element of the offense occurred
182	182	before that date.
183	183	(b) An offense committed before the effective date of this
184	184	Act is covered by the law in effect when the offense was committed,
185	185	and the former law is continued in effect for that purpose.
186	186	SECTION 6. This Act takes effect immediately if it receives
187	187	a vote of two-thirds of all the members elected to each house, as
188	188	provided by Section 39, Article III, Texas Constitution. If this
189	189	Act does not receive the vote necessary for immediate effect, this
190	190	Act takes effect September 1, 2009.