Texas Senate Bill SB1065

Texas 2009 - 81st Regular

• Out of Senate Committee: 5/1/09

Caption

Relating to civil racketeering; providing civil penalties.

Impact

The implementation of SB1065 is expected to strengthen the tools available for prosecuting racketeering offenses in Texas. By delineating civil and criminal ramifications for racketeering-related activities, it clarifies the procedures for law enforcement and adds a civil enforcement mechanism that can work in conjunction with existing criminal laws. Additionally, the bill provides for significant civil penalties, which serve to deter potential racketeers and provide recovery options for the state should damages arise from these criminal activities.

Summary

SB1065 aims to establish a framework for the civil and criminal prosecution of racketeering in the state of Texas. The bill introduces a new chapter specifically addressing civil racketeering under Title 6 of the Civil Practice and Remedies Code and adds provisions to the Texas Penal Code regarding the illegal control and conduct of enterprises. This legislation allows the state to bring legal actions against individuals or enterprises engaged in racketeering, which is defined as a financial gain derived from a wide range of criminal offenses, potentially enhancing the ability of law enforcement to combat organized crime.

Contention

Notable points of contention surrounding SB1065 may revolve around the implications of broad definitions and the potential for overreach in its application. Critics may express concerns regarding the potential for abuse of power in prosecutions and the risk of unfairly targeting certain enterprises. The severity of penalties and how they are enforced could also be debated, particularly regarding the balance between adequate punishment for serious crimes and the protection of legitimate business activities from undue scrutiny.