Texas 2009 - 81st Regular

Texas Senate Bill SB11

Filed
 
Out of Senate Committee
4/14/09  
Voted on by Senate
4/24/09  
Governor Action
 
Bill Becomes Law
 

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.

Companion Bills

TX HB4310

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

Previously Filed As

TX SB1709

Relating to the prosecution of the offenses of sedition and engaging in organized criminal activity; increasing criminal penalties.

TX HB4014

Relating to prohibiting the carrying of a firearm by a member of a criminal street gang while engaged in certain criminal activity; creating a criminal offense; changing the eligibility for community supervision.

TX SB1427

Relating to certain criminal conduct and organizations that threaten the security of this state and its residents and borders; increasing criminal penalties.

TX HB2599

Relating to prohibiting the possession of a firearm by a person in a criminal street gang; creating a criminal offense; increasing criminal penalties; changing eligibility for community supervision.

TX HB1316

Relating to the prosecution and punishment of certain criminal offenses involving the smuggling of persons or the operation of a stash house; increasing criminal penalties.

TX HB7

Relating to measures to address public safety threats in this state presented by transnational criminal activity, including by establishing a Texas Border Force, and to compensate persons affected by those threats; increasing criminal penalties; creating criminal offenses.

TX HB61

Relating to measures to address public safety threats in this state presented by transnational criminal activity, including by establishing a Texas Border Force, and to compensate persons affected by those threats; increasing criminal penalties; creating criminal offenses.

TX SB2042

Relating to prohibiting the carrying of a handgun by a member of a criminal street gang while engaged in criminal activity; creating a criminal offense; changing the eligibility for community supervision.

TX HB505

Relating to the prosecution of and punishment for the criminal offense of hindering the investigation or prosecution of certain sexual offenses committed against a child; increasing criminal penalties.

TX HB4642

Relating to offenses involving the manufacture or delivery of certain controlled substances and the enforcement and prevention of those offenses; creating a criminal offense.

Similar Bills

TX HB2086

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

TX HB3494

Relating to the punishment for the offense of graffiti and the creation of a graffiti pretrial diversion program; authorizing a fee.

TX HB883

Relating to the punishment for the offense of graffiti and the creation of a graffiti pretrial diversion program; authorizing a fee.

TX HB597

Relating to the creation of a graffiti pretrial diversion program; authorizing a fee.

TX HB4606

Relating to youth diversion programs for children accused of certain fine-only offenses and related criminal justice matters; authorizing and imposing fees.

TX SB2242

Relating to youth diversion programs for children accused of certain fine-only offenses and related criminal justice matters; authorizing and imposing fees.

TX HB3499

Relating to foreign terrorist organizations, including the acquisition of title to real property by, the compilation of information regarding, certain civil actions brought against, and the prosecution of certain organized crime offenses involving a foreign terrorist organization.

TX SB1900

Relating to foreign terrorist organizations, including the compilation of information regarding, certain civil actions brought against, and the prosecution of certain organized crime offenses involving a foreign terrorist organization and of sedition.