Texas Senate Bill SB11

Texas 2009 - 81st Regular

• Out of Senate Committee: 4/14/09
• Voted on by Senate: 4/24/09
• Out of House Committee: 5/14/09

Caption

Relating to the prevention, investigation, prosecution, and punishment for certain gang-related and other criminal offenses and to the consequences and costs of engaging in certain activities of a criminal street gang or certain other criminal activity; providing penalties.

Impact

The enactment of SB11 is poised to fundamentally change the landscape of laws concerning gang-related crimes in Texas. Notably, the bill introduces the concept of 'gang-free zones' where enhanced penalties would be applied for crimes committed in proximity to schools, playgrounds, and other youth-oriented locations. This approach underscores the commitment of lawmakers to not only penalize gang activities but to also protect vulnerable populations, thereby potentially reducing gang influence in critical community spaces.

Summary

SB11 is a significant legislative measure aimed at enhancing the legal framework surrounding the prevention, investigation, prosecution, and punishment of gang-related activities and other criminal offenses within Texas. The bill introduces robust penalties for offenses committed by members of criminal street gangs and seeks to establish a comprehensive approach to tackling gang violence across the state. Among its provisions, the bill allows a court to impose stricter sentencing and operational restrictions on defendants who are identified as gang members, especially when their offenses relate to furthering gang activities.

Contention

Despite its intended goals, SB11 has sparked debate among legislators and advocacy groups regarding the measures it proposes. Some lawmakers argue that while the bill strengthens the tools available to law enforcement, it could also lead to over-policing of communities, particularly those with high rates of gang affiliation. Critics express concern about the potential for the bill to disproportionately affect minority populations and neighborhoods already facing significant challenges, suggesting that without adequate support mechanisms, the law might end up exacerbating the very issues it seeks to resolve. Adjustments and additional community support mechanisms may be necessary to balance enforcement with community engagement and rehabilitation efforts.