By: Carona, Shapleigh S.B. No. 11
Patrick
A BILL TO BE ENTITLED
AN ACT
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.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
ARTICLE 1. CRIMINAL PENALTIES RELATED TO ORGANIZED CRIMINAL
ACTIVITY AND CRIMINAL STREET GANGS; GANG PREVENTION EFFORTS
SECTION 1.01. Subsection (e), Section 15.031, Penal Code,
is amended to read as follows:
(e) An offense under this section is one category lower than
the solicited offense, except that an offense under this section is
the same category as the solicited offense if it is shown on the
trial of the offense that the actor:
(1) was at the time of the offense 17 years of age or
older and a member of a criminal street gang, as defined by Section
71.01; and
(2) committed the offense with the intent to:
(A) further the criminal activities of the
criminal street gang; or
(B) avoid detection as a member of a criminal
street gang.
SECTION 1.02. Subsection (a), Section 22.015, Penal Code,
is amended by adding Subdivision (3) to read as follows:
(3) "Family" has the meaning assigned by Section
71.003, Family Code.
SECTION 1.03. Subsection (b), Section 22.015, Penal Code,
is amended to read as follows:
(b) A person commits an offense if, with intent to coerce,
induce, or solicit a child to actively participate in the
activities of a criminal street gang, the person:
(1) threatens the child or a member of the child's
family with imminent bodily injury; or
(2) causes bodily injury to the child or a member of
the child's family.
SECTION 1.04. Chapter 33, Penal Code, is amended by adding
Section 33.06 to read as follows:
Sec. 33.06. ONLINE HARASSMENT TO FURTHER INTERESTS OF
CRIMINAL STREET GANG. (a) In this section:
(1) "Commercial social networking site" means any
business, organization, or other similar entity operating a website
that permits persons to become registered users for the purpose of
establishing personal relationships with other users through
direct or real-time communication with other users or the creation
of web pages or profiles available to the public or to other users.
The term does not include an electronic mail program.
(2) "Criminal street gang" has the meaning assigned by
Section 71.01.
(3) "Electronic communication" means the transmission
of a sign, signal, writing, image, sound, text, or other data
through the use of an electronic device, including a telephone,
cellular telephone, text messaging device, personal data
assistant, computer, or wireless communications device.
(b) A person commits an offense if the person sends an
electronic communication or posts a message on an electronic
message board or commercial social networking site with the intent
to:
(1) abuse, intimidate, harass, alarm, or threaten
another person; and
(2) benefit, promote, or further the interests of a
criminal street gang.
(c) An offense under this section is a Class B misdemeanor,
except that the offense is a Class A misdemeanor if the actor has
previously been convicted of an offense under this section.
SECTION 1.05. Subsection (a), Section 71.02, Penal Code, is
amended to read as follows:
(a) A person commits an offense if, with the intent to
establish, maintain, or participate in a combination or in the
profits of a combination or as a member of a criminal street gang,
the person [he] commits or conspires to commit one or more of the
following:
(1) murder, capital murder, arson, aggravated
robbery, robbery, burglary, theft, aggravated kidnapping,
kidnapping, aggravated assault, aggravated sexual assault, sexual
assault, forgery, deadly conduct, assault punishable as a Class A
misdemeanor, burglary of a motor vehicle, or unauthorized use of a
motor vehicle;
(2) any gambling offense punishable as a Class A
misdemeanor;
(3) promotion of prostitution, aggravated promotion
of prostitution, or compelling prostitution;
(4) unlawful manufacture, transportation, repair, or
sale of firearms or prohibited weapons;
(5) unlawful manufacture, delivery, dispensation, or
distribution of a controlled substance or dangerous drug, or
unlawful possession of a controlled substance or dangerous drug
through forgery, fraud, misrepresentation, or deception;
(6) any unlawful wholesale promotion or possession of
any obscene material or obscene device with the intent to wholesale
promote the same;
(7) any offense under Subchapter B, Chapter 43,
depicting or involving conduct by or directed toward a child
younger than 18 years of age;
(8) any felony offense under Chapter 32;
(9) any offense under Chapter 36;
(10) any offense under Chapter 34 or 35;
(11) any offense under Section 37.11(a);
(12) any offense under Chapter 20A; [or]
(13) any offense under Section 37.10;
(14) any offense under Section 28.08; or
(15) any offense under Section 46.06(a)(1) or 46.14.
SECTION 1.06. Chapter 71, Penal Code, is amended by adding
Sections 71.023, 71.028, and 71.029 to read as follows:
Sec. 71.023. DIRECTING ACTIVITIES OF CERTAIN CRIMINAL
STREET GANGS. (a) A person commits an offense if the person
knowingly initiates, organizes, plans, finances, directs, manages,
or supervises a criminal street gang or members of a criminal street
gang with the intent to benefit, promote, or further the interests
of the criminal street gang or to increase the person's standing,
position, or status in the criminal street gang.
(b) An offense under this section is a felony of the first
degree.
(c) Notwithstanding Section 71.01, in this section,
"criminal street gang" means:
(1) an organization that:
(A) has more than 10 members whose names are
included in an intelligence database under Chapter 61, Code of
Criminal Procedure;
(B) has a hierarchical structure that has been
documented in an intelligence database under Chapter 61, Code of
Criminal Procedure;
(C) engages in profit-sharing among two or more
members of the organization; and
(D) in one or more regions of this state served by
different regional councils of government, continuously or
regularly engages in conduct:
(i) that constitutes an offense listed in
Section 3g(a)(1), Article 42.12, Code of Criminal Procedure;
(ii) in which it is alleged that a deadly
weapon is used or exhibited during the commission of or immediate
flight from the commission of any felony offense; or
(iii) that is punishable as a felony of the
first or second degree under Chapter 481, Health and Safety Code; or
(2) an organization that, in collaboration with an
organization described by Subdivision (1), engages in conduct or
commits an offense or conspires to engage in conduct or commit an
offense described by Subdivision (1)(D).
Sec. 71.028. GANG-FREE ZONES. (a) In this section:
(1) "Institution of higher education," "playground,"
"premises," "school," "video arcade facility," and "youth center"
have the meanings assigned by Section 481.134, Health and Safety
Code.
(2) "Shopping mall" means an enclosed public walkway
or hall area that connects retail, service, or professional
establishments.
(b) Except as provided by Subsection (c), the punishment
prescribed for an offense under Section 71.02 is increased to the
punishment prescribed for the next highest category of offense if
the actor is 17 years of age or older and it is shown beyond a
reasonable doubt on the trial of the offense that the actor
committed the offense at a location that was:
(1) in, on, or within 1,000 feet of any:
(A) real property that is owned, rented, or
leased by a school or school board;
(B) premises owned, rented, or leased by an
institution of higher education;
(C) shopping mall;
(D) movie theater;
(E) premises of a public or private youth center;
or
(F) playground;
(2) in, on, or within 300 feet of the premises of a
public swimming pool or video arcade facility; or
(3) on a school bus.
(c) The punishment prescribed for an offense under Section
71.02 may not be increased under this section if the offense is
punishable under Section 71.02 as a felony of the first degree.
Sec. 71.029. MAPS AS EVIDENCE OF LOCATION OR AREA. (a) In
a prosecution of an offense for which punishment is increased under
Section 71.028, a map produced or reproduced by a municipal or
county engineer for the purpose of showing the location and
boundaries of gang-free zones is admissible in evidence and is
prima facie evidence of the location or boundaries of those zones if
the governing body of the municipality or county adopts a
resolution or ordinance approving the map as an official finding
and record of the location or boundaries of those zones.
(b) A municipal or county engineer may, on request of the
governing body of the municipality or county, revise a map that has
been approved by the governing body of the municipality or county as
provided by Subsection (a).
(c) A municipal or county engineer shall file the original
or a copy of every approved or revised map approved as provided by
Subsection (a) with the county clerk of each county in which the
zone is located.
(d) This section does not prevent the prosecution from:
(1) introducing or relying on any other evidence or
testimony to establish any element of an offense for which
punishment is increased under Section 71.028; or
(2) using or introducing any other map or diagram
otherwise admissible under the Texas Rules of Evidence.
SECTION 1.07. Subchapter D, Chapter 37, Education Code, is
amended by adding Section 37.110 to read as follows:
Sec. 37.110. INFORMATION REGARDING GANG-FREE ZONES. The
superintendent of each public school district and the administrator
of each private elementary or secondary school located in the
public school district shall ensure that the student handbook for
each campus in the public school district includes information on
gang-free zones and the consequences of engaging in organized
criminal activity within those zones.
SECTION 1.08. Subchapter Z, Chapter 51, Education Code, is
amended by adding Section 51.973 to read as follows:
Sec. 51.973. INFORMATION REGARDING GANG-FREE ZONES. The
governing board of each institution of higher education shall
ensure that any student handbook or similar publication for the
institution includes information on gang-free zones and the
consequences of engaging in organized criminal activity within
those zones.
SECTION 1.09. Subchapter C, Chapter 42, Human Resources
Code, is amended by adding Section 42.064 to read as follows:
Sec. 42.064. INFORMATION REGARDING GANG-FREE ZONES. Each
day-care center shall, in accordance with rules adopted by the
executive commissioner, distribute to parents and guardians of
children who attend the center information on gang-free zones and
the consequences of engaging in organized criminal activity within
those zones.
SECTION 1.10. Section 37.110, Education Code, as added by
this Act, applies beginning with the public school district's
2009-2010 school year.
SECTION 1.11. Section 51.973, Education Code, as added by
this Act, applies beginning with the 2009 fall semester.
SECTION 1.12. Subsection (e), Section 15.031, Subsection
(b), Section 22.015, and Subsection (a), Section 71.02, Penal Code,
as amended by this Act, and Section 71.028, Penal Code, as added by
this Act, apply only to an offense committed on or after the
effective date of this Act. An offense committed before the
effective date of this Act is covered by the law in effect when the
offense was committed, and the former law is continued in effect for
that purpose. For purposes of this section, an offense was
committed before the effective date of this Act if any element of
the offense occurred before that date.
ARTICLE 2. CIVIL CONSEQUENCES AND LIABILITY
SECTION 2.01. Subchapter D, Chapter 125, Civil Practice and
Remedies Code, is amended by adding Section 125.070 to read as
follows:
Sec. 125.070. CIVIL ACTION FOR VIOLATION OF INJUNCTION.
(a) In this section, "governmental entity" means a political
subdivision of this state, including any city, county, school
district, junior college district, levee improvement district,
drainage district, irrigation district, water improvement
district, water control and improvement district, water control and
preservation district, freshwater supply district, navigation
district, conservation and reclamation district, soil conservation
district, communication district, public health district, and
river authority.
(b) A criminal street gang or a member of a criminal street
gang is liable to the state or a governmental entity injured by the
violation of a temporary or permanent injunctive order under this
subchapter.
(c) In an action brought against a member of a criminal
street gang, the plaintiff must show that the member violated the
temporary or permanent injunctive order.
(d) A district, county, or city attorney or the attorney
general may sue for money damages on behalf of the state or a
governmental entity. If the state or a governmental entity
prevails in a suit under this section, the state or governmental
entity may recover:
(1) actual damages;
(2) a civil penalty in an amount not to exceed $20,000
for each violation; and
(3) court costs and attorney's fees.
(e) The property of the criminal street gang or a member of
the street gang may be seized in execution on a judgment under this
section.
(f) The attorney general shall deposit money received under
this section for damages or as a civil penalty in the neighborhood
and community recovery fund held by the attorney general outside
the state treasury. Money in the fund is held by the attorney
general in trust for the benefit of the community or neighborhood
harmed by the violation of a temporary or permanent injunctive
order. Money in the fund may be used only for the benefit of the
community or neighborhood harmed by the violation of the injunctive
order. Interest earned on money in the fund shall be credited to
the fund. The attorney general shall account for money in the fund
so that money held for the benefit of a community or neighborhood,
and interest earned on that money, are not commingled with money in
the fund held for the benefit of a different community or
neighborhood.
(g) A district, county, or city attorney who brings suit on
behalf of a governmental entity shall deposit money received for
damages or as a civil penalty in an account to be held in trust for
the benefit of the community or neighborhood harmed by the
violation of a temporary or permanent injunctive order. Money in
the account may be used only for the benefit of the community or
neighborhood harmed by the violation of the injunctive order.
Interest earned on money in the account shall be credited to the
account. The district, county, or city attorney shall account for
money in the account so that money held for the benefit of a
community or neighborhood, and interest earned on that money, are
not commingled with money in the account held for the benefit of a
different community or neighborhood.
(h) An action under this section brought by the state or a
governmental entity does not waive sovereign or governmental
immunity for any purpose.
SECTION 2.02. Subdivision (2), Article 59.01, Code of
Criminal Procedure, as amended by Chapters 127 (S.B. 1694), 822
(H.B. 73), and 885 (H.B. 2278), Acts of the 80th Legislature,
Regular Session, 2007, is reenacted and amended to read as follows:
(2) "Contraband" means property of any nature,
including real, personal, tangible, or intangible, that is:
(A) used in the commission of:
(i) any first or second degree felony under
the Penal Code;
(ii) any felony under Section 15.031(b),
20.05, 21.11, 38.04, Subchapter B of Chapter 43, or Chapter 29, 30,
31, 32, 33, 33A, or 35, Penal Code;
(iii) any felony under The Securities Act
(Article 581-1 et seq., Vernon's Texas Civil Statutes); or
(iv) any offense under Chapter 49, Penal
Code, that is punishable as a felony of the third degree or state
jail felony, if the defendant has been previously convicted three
times of an offense under that chapter;
(B) used or intended to be used in the commission
of:
(i) any felony under Chapter 481, Health
and Safety Code (Texas Controlled Substances Act);
(ii) any felony under Chapter 483, Health
and Safety Code;
(iii) a felony under Chapter 153, Finance
Code;
(iv) any felony under Chapter 34, Penal
Code;
(v) a Class A misdemeanor under Subchapter
B, Chapter 365, Health and Safety Code, if the defendant has been
previously convicted twice of an offense under that subchapter;
(vi) any felony under Chapter 152, Finance
Code;
(vii) any felony under Chapter 32, Human
Resources Code, or Chapter 31, 32, 35A, or 37, Penal Code, that
involves the state Medicaid program;
(viii) a Class B misdemeanor under Chapter
522, Business & Commerce Code; [or]
(ix) a Class A misdemeanor under Section
35.153, Business & Commerce Code;
(x) any offense under Chapter 71, Penal
Code; or
(xi) any offense under Section 46.06(a)(1)
or 46.14, Penal Code;
(C) the proceeds gained from the commission of a
felony listed in Paragraph (A) or (B) of this subdivision, a
misdemeanor listed in Paragraph (B)(viii), (x), or (xi) of this
subdivision, or a crime of violence;
(D) acquired with proceeds gained from the
commission of a felony listed in Paragraph (A) or (B) of this
subdivision, a misdemeanor listed in Paragraph (B)(viii), (x), or
(xi) of this subdivision, or a crime of violence; or
(E) used to facilitate or intended to be used to
facilitate the commission of a felony under Section 15.031 or
43.25, Penal Code.
SECTION 2.03. Chapter 59, Code of Criminal Procedure, is
amended by adding Article 59.011 to read as follows:
Art. 59.011. ELECTION OF FORFEITURE PROCEEDING. If
property described by Article 59.01(2)(B)(x) or (xi) is subject to
forfeiture under this chapter and Article 18.18, the attorney
representing the state may proceed under either this chapter or
that article.
SECTION 2.04. Section 125.070, Civil Practice and Remedies
Code, as added by this Act, applies only to a cause of action that
accrues on or after the effective date of this Act. A cause of
action that accrued before the effective date of this Act is
governed by the law in effect immediately before the effective date
of this Act, and that law is continued in effect for that purpose.
SECTION 2.05. Subdivision (2), Article 59.01, Code of
Criminal Procedure, as amended by this Act, and Article 59.011,
Code of Criminal Procedure, as added by this Act, apply only to the
forfeiture of property used in the commission of an offense
committed on or after the effective date of this Act. Forfeiture of
property used in the commission of an offense committed before the
effective date of this Act is governed by the law in effect when the
offense was committed, and the former law is continued in effect for
that purpose. For purposes of this section, an offense was
committed before the effective date of this Act if any element of
the offense occurred before that date.
ARTICLE 3. POST-CONVICTION AND POST-ADJUDICATION PROVISIONS
SECTION 3.01. Article 42.01, Code of Criminal Procedure, is
amended by adding Section 9 to read as follows:
Sec. 9. In addition to the information described by Section
1, the judgment should reflect affirmative findings entered
pursuant to Article 42.0197.
SECTION 3.02. Chapter 42, Code of Criminal Procedure, is
amended by adding Article 42.0197 to read as follows:
Art. 42.0197. FINDING REGARDING GANG-RELATED CONDUCT. In
the trial of an offense, on the motion of the attorney representing
the state the judge shall make an affirmative finding of fact and
enter the affirmative finding in the judgment in the case if the
judge determines that the applicable conduct was engaged in as part
of the activities of a criminal street gang as defined by Section
71.01, Penal Code.
SECTION 3.03. Subsection (a), Section 11, Article 42.12,
Code of Criminal Procedure, is amended to read as follows:
(a) The judge of the court having jurisdiction of the case
shall determine the conditions of community supervision and may, at
any time[,] during the period of community supervision, alter or
modify the conditions. The judge may impose any reasonable
condition that is designed to protect or restore the community,
protect or restore the victim, or punish, rehabilitate, or reform
the defendant. Conditions of community supervision may include,
but shall not be limited to, the conditions that the defendant
shall:
(1) Commit no offense against the laws of this State or
of any other State or of the United States;
(2) Avoid injurious or vicious habits;
(3) Avoid persons or places of disreputable or harmful
character, including any person, other than a family member of the
defendant, who is an active member of a criminal street gang;
(4) Report to the supervision officer as directed by
the judge or supervision officer and obey all rules and regulations
of the community supervision and corrections department;
(5) Permit the supervision officer to visit the
defendant at the defendant's home or elsewhere;
(6) Work faithfully at suitable employment as far as
possible;
(7) Remain within a specified place;
(8) Pay the defendant's fine, if one is [be] assessed,
and all court costs whether a fine is [be] assessed or not, in one or
several sums;
(9) Support the defendant's dependents;
(10) Participate, for a time specified by the judge,
in any community-based program, including a community-service work
program under Section 16 of this article;
(11) Reimburse the county in which the prosecution was
instituted for compensation paid to appointed counsel for defending
the defendant in the case, if counsel was appointed, or if the
defendant was represented by a county-paid public defender, in an
amount that would have been paid to an appointed attorney had the
county not had a public defender;
(12) Remain under custodial supervision in a community
corrections facility, obey all rules and regulations of the [such]
facility, and pay a percentage of the defendant's income to the
facility for room and board;
(13) Pay a percentage of the defendant's income to the
defendant's dependents for their support while under custodial
supervision in a community corrections facility;
(14) Submit to testing for alcohol or controlled
substances;
(15) Attend counseling sessions for substance abusers
or participate in substance abuse treatment services in a program
or facility approved or licensed by the Texas Commission on Alcohol
and Drug Abuse;
(16) With the consent of the victim of a misdemeanor
offense or of any offense under Title 7, Penal Code, participate in
victim-defendant mediation;
(17) Submit to electronic monitoring;
(18) Reimburse the compensation to victims of crime
fund for any amounts paid from that fund to or on behalf of a victim,
as defined by Article 56.32, of the defendant's offense or if no
reimbursement is required, make one payment to the compensation to
victims of crime fund in an amount not to exceed $50 if the offense
is a misdemeanor or not to exceed $100 if the offense is a felony;
(19) Reimburse a law enforcement agency for the
analysis, storage, or disposal of raw materials, controlled
substances, chemical precursors, drug paraphernalia, or other
materials seized in connection with the offense;
(20) Pay all or part of the reasonable and necessary
costs incurred by the victim for psychological counseling made
necessary by the offense or for counseling and education relating
to acquired immune deficiency syndrome or human immunodeficiency
virus made necessary by the offense;
(21) Make one payment in an amount not to exceed $50 to
a crime stoppers organization as defined by Section 414.001,
Government Code, and as certified by the Crime Stoppers Advisory
Council;
(22) Submit a DNA sample to the Department of Public
Safety under Subchapter G, Chapter 411, Government Code, for the
purpose of creating a DNA record of the defendant;
(23) In any manner required by the judge, provide
public notice of the offense for which the defendant was placed on
community supervision in the county in which the offense was
committed; and
(24) Reimburse the county in which the prosecution was
instituted for compensation paid to any interpreter in the case.
SECTION 3.04. Article 42.12, Code of Criminal Procedure, is
amended by adding Section 13E to read as follows:
Sec. 13E. ELECTRONIC MONITORING OF CERTAIN MEMBERS OF
CRIMINAL STREET GANG WHO ARE PLACED ON COMMUNITY SUPERVISION.
(a) This section applies only to a defendant who:
(1) is identified as a member of a criminal street gang
in an intelligence database established under Chapter 61; and
(2) has two or more times been previously convicted
of, or received a grant of deferred adjudication community
supervision or another functionally equivalent form of community
supervision or probation for, a felony offense under the laws of
this state, another state, or the United States.
(b) A court granting community supervision to a defendant
described by Subsection (a) may, on the defendant's conviction of a
felony offense, require as a condition of community supervision
that the defendant submit to tracking under an electronic
monitoring service or other appropriate technological service
designed to track a person's location.
SECTION 3.05. Chapter 54, Family Code, is amended by adding
Section 54.0491 to read as follows:
Sec. 54.0491. GANG-RELATED CONDUCT. (a) In this section:
(1) "Criminal street gang" has the meaning assigned by
Section 71.01, Penal Code.
(2) "Gang-related conduct" means conduct that
violates a penal law of the grade of Class B misdemeanor or higher
and in which a child engages with the intent to:
(A) further the criminal activities of a criminal
street gang of which the child is a member;
(B) gain membership in a criminal street gang; or
(C) avoid detection as a member of a criminal
street gang.
(b) A juvenile court, in a disposition hearing under Section
54.04 regarding a child who has been adjudicated to have engaged in
delinquent conduct that is also gang-related conduct, shall order
the child to participate in a criminal street gang intervention
program that is appropriate for the child based on the child's level
of involvement in the criminal activities of a criminal street
gang. The intervention program:
(1) must include at least 12 hours of instruction; and
(2) may include voluntary tattoo removal.
(c) If a child required to attend a criminal street gang
intervention program is committed to the Texas Youth Commission as
a result of the gang-related conduct, the child must complete the
intervention program before being discharged from the custody of or
released under supervision by the commission.
SECTION 3.06. Subchapter G, Chapter 508, Government Code,
is amended by adding Section 508.227 to read as follows:
Sec. 508.227. ELECTRONIC MONITORING OF CERTAIN MEMBERS OF
CRIMINAL STREET GANG. (a) This section applies only to a releasee
who:
(1) is identified as a member of a criminal street gang
in an intelligence database established under Chapter 61, Code of
Criminal Procedure; and
(2) has three or more times been convicted of, or
received a grant of deferred adjudication community supervision or
another functionally equivalent form of community supervision or
probation for, a felony offense under the laws of this state,
another state, or the United States.
(b) A parole panel may require as a condition of release on
parole or to mandatory supervision that a releasee described by
Subsection (a) submit to tracking under an electronic monitoring
service or other appropriate technological service designed to
track a person's location.
SECTION 3.07. Section 3.03, Penal Code, is amended by
amending Subsection (b) and adding Subsection (b-1) to read as
follows:
(b) If the accused is found guilty of more than one offense
arising out of the same criminal episode, the sentences may run
concurrently or consecutively if each sentence is for a conviction
of:
(1) an offense:
(A) under Section 49.07 or 49.08, regardless of
whether the accused is convicted of violations of the same section
more than once or is convicted of violations of both sections; or
(B) for which a plea agreement was reached in a
case in which the accused was charged with more than one offense
listed in Paragraph (A), regardless of whether the accused is
charged with violations of the same section more than once or is
charged with violations of both sections;
(2) an offense:
(A) under Section 33.021 or an offense under
Section 21.02, 21.11, 22.011, 22.021, 25.02, or 43.25 committed
against a victim younger than 17 years of age at the time of the
commission of the offense regardless of whether the accused is
convicted of violations of the same section more than once or is
convicted of violations of more than one section; or
(B) for which a plea agreement was reached in a
case in which the accused was charged with more than one offense
listed in Paragraph (A) committed against a victim younger than 17
years of age at the time of the commission of the offense regardless
of whether the accused is charged with violations of the same
section more than once or is charged with violations of more than
one section; [or]
(3) an offense:
(A) under Section 21.15 or 43.26, regardless of
whether the accused is convicted of violations of the same section
more than once or is convicted of violations of both sections; or
(B) for which a plea agreement was reached in a
case in which the accused was charged with more than one offense
listed in Paragraph (A), regardless of whether the accused is
charged with violations of the same section more than once or is
charged with violations of both sections; or
(4) an offense for which the judgment in the case
contains an affirmative finding under Article 42.0197, Code of
Criminal Procedure.
(b-1) Subsection (b)(4) does not apply to a defendant whose
case was transferred to the court under Section 54.02, Family Code.
SECTION 3.08. Section 9, Article 42.01, Code of Criminal
Procedure, and Article 42.0197, Code of Criminal Procedure, as
added by this Act, apply only to a judgment of conviction entered on
or after the effective date of this Act.
SECTION 3.09. Subsection (a), Section 11, Article 42.12,
Code of Criminal Procedure, as amended by this Act, and Section 13E,
Article 42.12, Code of Criminal Procedure, as added by this Act,
apply only to a person who is placed on community supervision for an
offense committed on or after the effective date of this Act. A
person who is placed on community supervision for an offense
committed before the effective date of this Act is governed by the
law in effect on the date the offense was committed, and the former
law is continued in effect for that purpose. For purposes of this
section, an offense was committed before the effective date of this
Act if any element of the offense occurred before that date.
SECTION 3.10. Section 54.0491, Family Code, as added by
this Act, applies only to conduct that violates a penal law of this
state and that occurs on or after the effective date of this Act.
Conduct that violates a penal law of this state and that occurs
before the effective date of this Act is covered by the law in
effect at the time the conduct occurred, and the former law is
continued in effect for that purpose. For purposes of this section,
conduct occurs before the effective date of this Act if each element
of the violation occurred before that date.
SECTION 3.11. Section 508.227, Government Code, as added by
this Act, applies only to a person released on parole or to
mandatory supervision for an offense committed on or after the
effective date of this Act. A person released on parole or to
mandatory supervision for an offense committed before the effective
date of this Act is governed by the law in effect on the date the
offense was committed, and the former law is continued in effect for
that purpose. For purposes of this section, an offense was
committed before the effective date of this Act if any element of
the offense occurred before that date.
SECTION 3.12. Subsection (b), Section 3.03, Penal Code, as
amended by this Act, applies only to an offense committed on or
after the effective date of this Act. An offense committed before
the effective date of this Act is covered by the law in effect when
the offense was committed, and the former law is continued in effect
for that purpose. For purposes of this section, an offense was
committed before the effective date of this Act if any element of
the offense occurred before that date.
ARTICLE 4. GRAFFITI
SECTION 4.01. Subchapter C, Chapter 101, Civil Practice and
Remedies Code, is amended by adding Section 101.067 to read as
follows:
Sec. 101.067. GRAFFITI REMOVAL. This chapter does not
apply to a claim for property damage caused by the removal of
graffiti under Section 250.007, Local Government Code.
SECTION 4.02. Subsections (a) and (c), Article 102.0171,
Code of Criminal Procedure, are amended to read as follows:
(a) A defendant convicted of an offense under Section 28.08,
Penal Code, in a county court, county court at law, or district
court shall pay a [$50] juvenile delinquency prevention and
graffiti eradication fee as a cost of court. The amount of the fee
under this section must be not less than $50 or more than $500. In
setting the amount of the fee, the court shall increase the fee
based on the amount of pecuniary loss in the case and the number of
times the defendant has been previously convicted of an offense
under Section 28.08, Penal Code.
(c) The clerks of the respective courts shall collect the
costs and pay them to the county treasurer or to any other official
who discharges the duties commonly delegated to the county
treasurer for deposit in a fund to be known as the county juvenile
delinquency prevention fund. A fund designated by this subsection
may be used only to:
(1) repair damage caused by the commission of offenses
under Section 28.08, Penal Code;
(2) provide educational and intervention programs and
materials, including printed educational materials for
distribution to primary and secondary school students, designed to
prevent individuals from committing offenses under Section 28.08,
Penal Code;
(3) provide to the public rewards for identifying and
aiding in the apprehension and prosecution of offenders who commit
offenses under Section 28.08, Penal Code;
(4) provide funding for teen recognition and teen
recreation programs;
(5) provide funding for local teen court programs;
(6) provide funding for the local juvenile probation
department; [and]
(7) provide educational and intervention programs
designed to prevent juveniles from engaging in delinquent conduct;
and
(8) provide funding for community art programs.
SECTION 4.03. Subsection (a), Section 54.0461, Family Code,
is amended to read as follows:
(a) If a child is adjudicated as having engaged in
delinquent conduct that violates Section 28.08, Penal Code, the
juvenile court shall order the child, parent, or other person
responsible for the child's support to pay to the court a [$50]
juvenile delinquency prevention fee as a cost of court. The amount
of the fee under this section must be not less than $50 or more than
$500. In setting the amount of the fee, the court shall increase
the fee based on the amount of pecuniary loss resulting from the
conduct and the number of times the child has been previously
adjudicated as having engaged in delinquent conduct violating
Section 28.08, Penal Code.
SECTION 4.04. Section 102.041, Government Code, as amended
by Chapter 921 (H.B. 3167), Acts of the 80th Legislature, Regular
Session, 2007, is amended to read as follows:
Sec. 102.041. ADDITIONAL COURT COSTS ON CONVICTION IN
DISTRICT COURT: CODE OF CRIMINAL PROCEDURE. The clerk of a
district court shall collect fees and costs under the Code of
Criminal Procedure on conviction of a defendant as follows:
(1) a jury fee (Art. 102.004, Code of Criminal
Procedure) . . . $20;
(2) a fee for clerk of the court services (Art.
102.005, Code of Criminal Procedure) . . . $40;
(3) a records management and preservation services fee
(Art. 102.005, Code of Criminal Procedure) . . . $25;
(4) a security fee on a felony offense (Art. 102.017,
Code of Criminal Procedure) . . . $5;
(5) a security fee on a misdemeanor offense (Art.
102.017, Code of Criminal Procedure) . . . $3; and
(6) a juvenile delinquency prevention and graffiti
eradication fee (Art. 102.0171, Code of Criminal Procedure) . . .
not less than $50 or more than $500 [$5].
SECTION 4.05. Section 102.061, Government Code, as amended
by Chapter 921 (H.B. 3167), Acts of the 80th Legislature, Regular
Session, 2007, is amended to read as follows:
Sec. 102.061. ADDITIONAL COURT COSTS ON CONVICTION IN
STATUTORY COUNTY COURT: CODE OF CRIMINAL PROCEDURE. The clerk of a
statutory county court shall collect fees and costs under the Code
of Criminal Procedure on conviction of a defendant as follows:
(1) a jury fee (Art. 102.004, Code of Criminal
Procedure) . . . $20;
(2) a fee for services of the clerk of the court (Art.
102.005, Code of Criminal Procedure) . . . $40;
(3) a records management and preservation services fee
(Art. 102.005, Code of Criminal Procedure) . . . $25;
(4) a security fee on a misdemeanor offense (Art.
102.017, Code of Criminal Procedure) . . . $3;
(5) a juvenile delinquency prevention and graffiti
eradication fee (Art. 102.0171, Code of Criminal Procedure) . . .
not less than $50 or more than $500 [$5]; and
(6) a juvenile case manager fee (Art. 102.0174, Code
of Criminal Procedure) . . . not to exceed $5.
SECTION 4.06. Section 102.081, Government Code, as amended
by Chapter 921 (H.B. 3167), Acts of the 80th Legislature, Regular
Session, 2007, is amended to read as follows:
Sec. 102.081. ADDITIONAL COURT COSTS ON CONVICTION IN
COUNTY COURT: CODE OF CRIMINAL PROCEDURE. The clerk of a county
court shall collect fees and costs under the Code of Criminal
Procedure on conviction of a defendant as follows:
(1) a jury fee (Art. 102.004, Code of Criminal
Procedure) . . . $20;
(2) a fee for clerk of the court services (Art.
102.005, Code of Criminal Procedure) . . . $40;
(3) a records management and preservation services fee
(Art. 102.005, Code of Criminal Procedure) . . . $25;
(4) a security fee on a misdemeanor offense (Art.
102.017, Code of Criminal Procedure) . . . $3;
(5) a juvenile delinquency prevention and graffiti
eradication fee (Art. 102.0171, Code of Criminal Procedure) . . .
not less than $50 or more than $500 [$5]; and
(6) a juvenile case manager fee (Art. 102.0174, Code
of Criminal Procedure) . . . not to exceed $5.
SECTION 4.07. Section 103.0212, Government Code, is amended
to read as follows:
Sec. 103.0212. ADDITIONAL FEES AND COSTS IN CRIMINAL OR
CIVIL CASES: FAMILY CODE. An accused or defendant, or a party to a
civil suit, as applicable, shall pay the following fees and costs
under the Family Code if ordered by the court or otherwise required:
(1) in family matters:
(A) issuing writ of withholding (Sec. 8.262,
Family Code) . . . $15;
(B) filing copy of writ of withholding to
subsequent employer (Sec. 8.267, Family Code) . . . $15;
(C) issuing and delivering modified writ of
withholding or notice of termination (Sec. 8.302, Family Code)
. . . $15;
(D) issuing and delivering notice of termination
of withholding (Sec. 8.303, Family Code) . . . $15;
(E) issuance of change of name certificate (Sec.
45.106, Family Code) . . . $10;
(F) protective order fee (Sec. 81.003, Family
Code) . . . $16;
(G) filing suit requesting adoption of child
(Sec. 108.006, Family Code) . . . $15;
(H) filing fees for suits affecting parent-child
relationship (Sec. 110.002, Family Code):
(i) suit or motion for modification (Sec.
110.002, Family Code) . . . $15;
(ii) motion for enforcement (Sec. 110.002,
Family Code) . . . $15;
(iii) notice of application for judicial
writ of withholding (Sec. 110.002, Family Code) . . . $15;
(iv) motion to transfer (Sec. 110.002,
Family Code) . . . $15;
(v) petition for license suspension (Sec.
110.002, Family Code) . . . $15;
(vi) motion to revoke a stay of license
suspension (Sec. 110.002, Family Code) . . . $15; and
(vii) motion for contempt (Sec. 110.002,
Family Code) . . . $15;
(I) order or writ of income withholding to be
delivered to employer (Sec. 110.004, Family Code) . . . not to
exceed $15;
(J) filing fee for transferred case (Sec.
110.005, Family Code) . . . $45;
(K) filing a writ of withholding (Sec. 158.319,
Family Code) . . . $15;
(L) filing a request for modified writ of
withholding or notice of termination (Sec. 158.403, Family Code)
. . . not to exceed $15;
(M) filing an administrative writ to employer
(Sec. 158.503, Family Code) . . . not to exceed $15; and
(N) genetic testing fees in relation to a child
born to a gestational mother (Sec. 160.762, Family Code) . . . as
assessed by the court; and
(2) in juvenile court:
(A) fee schedule for deferred prosecution
services (Sec. 53.03, Family Code) . . . maximum fee of $15 a month;
(B) a request fee for a teen court program
[administration fee] (Sec. 54.032, Family Code) . . . $20, if the
court ordering the fee is located in the Texas-Louisiana border
region, but otherwise not to exceed $10;
(C) court costs for juvenile probation diversion
fund (Sec. 54.0411, Family Code) . . . $20;
(D) a juvenile delinquency prevention fee (Sec.
54.0461, Family Code) . . . not less than $50 or more than $500
[$5]; [and]
(E) a court fee for child's probationary period
(Sec. 54.061, Family Code) . . . not to exceed $15 a month; and
(F) a fee to cover costs of required duties of
teen court (Sec. 54.032, Family Code) . . . $20, if the court
ordering the fee is located in the Texas-Louisiana border region,
but otherwise not to exceed $10.
SECTION 4.08. Subsection (a), Section 485.018, Health and
Safety Code, is amended to read as follows:
(a) A political subdivision or an agency of this state may
not enact an ordinance or rule that requires a business
establishment to display an abusable volatile chemical, other than
aerosol paint, in a manner that makes the chemical accessible to
patrons of the business only with the assistance of personnel of the
business.
SECTION 4.09. Chapter 250, Local Government Code, is
amended by adding Sections 250.006 and 250.007 to read as follows:
Sec. 250.006. SURCHARGE ON SALE OF AEROSOL PAINT. (a) A
county by order or a municipality by ordinance may require a person
who sells aerosol paint to impose a surcharge not to exceed $1 on
each sale of aerosol paint.
(b) Money collected under this section may be used only for
purposes related to graffiti abatement.
Sec. 250.007. GRAFFITI REMOVAL. (a) Except as provided by
Subsection (g), a county by order or a municipality by ordinance may
require the owner of property within the jurisdiction of the county
or municipality to remove graffiti from the owner's property on
receipt of notice from the county or municipality.
(b) The order or ordinance must require a property owner to
remove the graffiti on or before the 10th day after the date the
property owner receives notice under Subsection (a), except that if
the property owner requests the county or municipality, as
applicable, to remove the graffiti or if the property owner fails to
remove the graffiti on or before the 10th day after the date of
receipt of the notice, the county or municipality may remove the
graffiti and charge the expenses of removal to the property owner in
accordance with a fee schedule adopted by the county or
municipality.
(c) The notice required by Subsection (a) must be given:
(1) personally to the owner in writing;
(2) by letter sent by certified mail, addressed to the
property owner at the property owner's address as contained in the
records of the appraisal district in which the property is located;
or
(3) if service cannot be obtained under Subdivision
(1) or (2):
(A) by publication at least once in a newspaper
of general circulation in the county or municipality;
(B) by posting the notice on or near the front
door of each building on the property to which the notice relates;
or
(C) by posting the notice on a placard attached
to a stake driven into the ground on the property to which the
notice relates.
(d) The county or municipality may assess expenses incurred
under Subsection (b) against the property on which the work is
performed to remove the graffiti.
(e) To obtain a lien against the property for expenses
incurred under Subsection (b), the governing body of the county or
municipality must file a statement of expenses with the county
clerk. The statement of expenses must contain:
(1) the name of the property owner, if known;
(2) the legal description of the property; and
(3) the amount of expenses incurred under Subsection
(b).
(f) A lien described by Subsection (e) attaches to the
property on the date on which the statement of expenses is filed in
the real property records of the county in which the property is
located and is subordinate to:
(1) any previously recorded lien; and
(2) the rights of a purchaser or lender for value who
acquires an interest in the property subject to the lien before the
statement of expenses is filed as described by Subsection (e).
(g) An order or ordinance described by this section must
include an exception from the requirement that an owner of property
remove graffiti from the owner's property if:
(1) the graffiti is located on transportation
infrastructure; and
(2) the removal of the graffiti would create a hazard
for the person performing the removal.
SECTION 4.10. Chapter 30, Penal Code, is amended by adding
Section 30.021 to read as follows:
Sec. 30.021. BURGLARY OF BUILDING TO CREATE GRAFFITI.
(a) A person commits an offense if, without the effective consent
of the owner, the person:
(1) enters a building, or any portion of a building,
not then open to the public, with the intent to commit an offense
under Section 28.08;
(2) remains concealed, with the intent to commit an
offense under Section 28.08, in a building; or
(3) enters a building and commits or attempts to
commit an offense under Section 28.08.
(b) For purposes of this section, "enter" has the meaning
assigned by Section 30.02.
(c) An offense under this section is a state jail felony.
SECTION 4.11. Section 101.067, Civil Practice and Remedies
Code, as added by this Act, applies only to a cause of action that
accrues on or after the effective date of this Act. A cause of
action that accrued before the effective date of this Act is
governed by the law in effect immediately before the effective date
of this Act, and that law is continued in effect for that purpose.
SECTION 4.12. Subsections (a) and (c), Article 102.0171,
Code of Criminal Procedure, and Sections 102.041, 102.061, and
102.081, Government Code, as amended by this Act, apply only to an
offense committed on or after the effective date of this Act. An
offense committed before the effective date of this Act is covered
by the law in effect when the offense was committed, and the former
law is continued in effect for that purpose. For purposes of this
section, an offense was committed before the effective date of this
Act if any element of the offense occurred before that date.
SECTION 4.13. Subsection (a), Section 54.0461, Family Code,
and Section 103.0212, Government Code, as amended by this Act,
apply only to conduct that violates a penal law of this state and
that occurs on or after the effective date of this Act. Conduct
that violates a penal law of this state and that occurs before the
effective date of this Act is covered by the law in effect at the
time the conduct occurred, and the former law is continued in effect
for that purpose. For purposes of this section, conduct occurs
before the effective date of this Act if each element of the
violation occurred before that date.
ARTICLE 5. USE OF FALSE OR FICTITIOUS IDENTITY OR IDENTIFYING
DOCUMENTS
SECTION 5.01. Section 37.10, Penal Code, is amended by
adding Subsection (j) to read as follows:
(j) It is not a defense to prosecution under Subsection
(a)(2) that the record, document, or thing made, presented, or used
displays or contains the statement "NOT A GOVERNMENT DOCUMENT" or
another substantially similar statement intended to alert a person
to the falsity of the record, document, or thing, unless the record,
document, or thing displays the statement diagonally printed
clearly and indelibly on both the front and back of the record,
document, or thing in solid red capital letters at least one-fourth
inch in height.
SECTION 5.02. Section 521.454, Transportation Code, is
amended by adding Subsection (d) to read as follows:
(d) If conduct constituting an offense under this section
also constitutes an offense under another law, the actor may be
prosecuted under this section, the other law, or both.
SECTION 5.03. Section 521.455, Transportation Code, is
amended by adding Subsection (c) to read as follows:
(c) If conduct constituting an offense under this section
also constitutes an offense under another law, the actor may be
prosecuted under this section, the other law, or both.
SECTION 5.04. Section 521.456, Transportation Code, is
amended by adding Subsection (e) to read as follows:
(e) If conduct constituting an offense under this section
also constitutes an offense under another law, the actor may be
prosecuted under this section, the other law, or both.
SECTION 5.05. Subsection (j), Section 37.10, Penal Code,
and Subsection (d), Section 521.454, Subsection (c), Section
521.455, and Subsection (e), Section 521.456, Transportation Code,
as added by this Act, apply only to an offense committed on or after
the effective date of this Act. An offense committed before the
effective date of this Act is covered by the law in effect when the
offense was committed, and the former law is continued in effect for
that purpose. For purposes of this section, an offense was
committed before the effective date of this Act if any element of
the offense occurred before that date.
ARTICLE 6. PENAL PROVISIONS RELATED TO FIREARMS
SECTION 6.01. Chapter 46, Penal Code, is amended by adding
Section 46.14 to read as follows:
Sec. 46.14. FIREARM SMUGGLING. (a) A person commits an
offense if the person knowingly engages in the business of
transporting or transferring a firearm that the person knows was
acquired in violation of the laws of any state or of the United
States. For purposes of this subsection, a person is considered to
engage in the business of transporting or transferring a firearm if
the person engages in that conduct:
(1) on more than one occasion; or
(2) for profit or any other form of remuneration.
(b) An offense under this section is a felony of the third
degree, unless it is shown on the trial of the offense that the
offense was committed with respect to three or more firearms in a
single criminal episode, in which event the offense is a felony of
the second degree.
(c) This section does not apply to a peace officer who is
engaged in the actual discharge of an official duty.
(d) If conduct that constitutes an offense under this
section also constitutes an offense under any other law, the actor
may be prosecuted under this section, the other law, or both.
ARTICLE 7. INTELLIGENCE DATABASES
SECTION 7.01. Article 61.02, Code of Criminal Procedure, is
amended by amending Subsection (c) and adding Subsections (d) and
(e) to read as follows:
(c) Criminal information collected under this chapter
relating to a criminal street gang must:
(1) be relevant to the identification of an
organization that is reasonably suspected of involvement in
criminal activity; and
(2) consist of:
(A) a judgment under any law that includes, as a
finding or as an element of a criminal offense, participation in a
criminal street gang;
(B) a self-admission by the individual of
criminal street gang membership that is made during a judicial
proceeding; or
(C) except as provided by Subsection (d), any two
of the following:
(i) a self-admission by the individual of
criminal street gang membership that is not made during a judicial
proceeding, including the use of the Internet or other electronic
format or medium to post photographs or other documentation
identifying the individual as a member of a criminal street gang;
(ii) an identification of the individual as
a criminal street gang member by a reliable informant or other
individual;
(iii) a corroborated identification of the
individual as a criminal street gang member by an informant or other
individual of unknown reliability;
(iv) evidence that the individual frequents
a documented area of a criminal street gang and associates with
known criminal street gang members;
(v) evidence that the individual uses, in
more than an incidental manner, criminal street gang dress, hand
signals, tattoos, or symbols, including expressions of letters,
numbers, words, or marks, regardless of how or the means by [the
format or medium in] which the symbols are displayed, that are
associated with a criminal street gang that operates in an area
frequented by the individual and described by Subparagraph (iv);
[or]
(vi) evidence that the individual has been
arrested or taken into custody with known criminal street gang
members for an offense or conduct consistent with criminal street
gang activity;
(vii) evidence that the individual has
visited a known criminal street gang member, other than a family
member of the individual, while the gang member is confined in or
committed to a penal institution; or
(viii) evidence of the individual's use of
technology, including the Internet, to recruit new criminal street
gang members.
(d) Evidence described by Subsections (c)(2)(C)(iv) and
(vii) is not sufficient to create the eligibility of a person's
information to be included in an intelligence database described by
this chapter unless the evidence is combined with information
described by another subparagraph of Subsection (c)(2)(C).
(e) In this article:
(1) "Family member" means a person related to another
person within the third degree by consanguinity or affinity, as
described by Subchapter B, Chapter 573, Government Code, except
that the term does not include a person who is considered to be
related to another person by affinity only as described by Section
573.024(b), Government Code.
(2) "Penal institution" means a confinement facility
operated by or under a contract with any division of the Texas
Department of Criminal Justice, a confinement facility operated by
or under contract with the Texas Youth Commission, or a juvenile
secure pre-adjudication or post-adjudication facility operated by
or under a local juvenile probation department, or a county jail.
SECTION 7.02. Subsection (b), Article 61.06, Code of
Criminal Procedure, is amended to read as follows:
(b) Subject to Subsection (c), information collected under
this chapter relating to a criminal street gang must be removed from
an intelligence database established under Article 61.02 and the
intelligence database maintained by the department under Article
61.03 after five [three] years if:
(1) the information relates to the investigation or
prosecution of criminal activity engaged in by an individual other
than a child; and
(2) the individual who is the subject of the
information has not been arrested for criminal activity reported to
the department under Chapter 60.
SECTION 7.03. Subsection (c), Article 61.06, Code of
Criminal Procedure, as amended by Chapters 258 (S.B. 11), 263 (S.B.
103), and 1308 (S.B. 909), Acts of the 80th Legislature, Regular
Session, 2007, is reenacted and amended to read as follows:
(c) In determining whether information is required to be
removed from an intelligence database under Subsection (b), the
five-year [three-year] period does not include any period during
which the individual who is the subject of the information is:
(1) confined in a correctional facility operated by or
under contract with the Texas Department of Criminal Justice;
(2) committed to a secure correctional facility
operated by or under contract with the Texas Youth Commission, as
defined by Section 51.02, Family Code; or
(3) confined in a county jail or confined in or
committed to a facility operated by a juvenile board in lieu of
being confined in a correctional facility operated by or under
contract with the Texas Department of Criminal Justice or being
committed to a secure correctional facility operated by or under
contract with the Texas Youth Commission.
SECTION 7.04. Article 61.06, Code of Criminal Procedure, as
amended by this Act, applies to any applicable information
maintained in an intelligence database under Chapter 61 of that
code on or after the effective date of this Act.
ARTICLE 8. LICENSE SUSPENSION
SECTION 8.01. Subsection (a), Section 521.343,
Transportation Code, is amended to read as follows:
(a) Except as provided by Sections 521.342(b), 521.344(a),
(b), (d), (e), (f), (g), (h), and (i), 521.345, 521.346, 521.3465,
[and] 521.351, and 521.352, a suspension under this subchapter is
for one year.
SECTION 8.02. Subchapter O, Chapter 521, Transportation
Code, is amended by adding Section 521.352 to read as follows:
Sec. 521.352. SUSPENSION OR PROHIBITION FOR CERTAIN
ORGANIZED CRIME OFFENSES. (a) A person's license is automatically
suspended on conviction of the person for an offense under Chapter
71, Penal Code.
(b) The department may not issue a driver's license to a
person convicted of an offense specified in Subsection (a) who, on
the date of the conviction, did not hold a license.
(c) The period of license suspension or prohibition under
this section begins on a date set by the court that is not earlier
than the date of conviction or later than the 30th day after the
date of conviction. The period of license suspension or
prohibition under this section expires on the first anniversary of
the date the suspension or prohibition began.
SECTION 8.03. Section 521.457, Transportation Code, is
amended by amending Subsection (e) and adding Subsection (f-2) to
read as follows:
(e) Except as provided by Subsections (f), [and] (f-1), and
(f-2), an offense under this section is a Class C misdemeanor.
(f-2) If it is shown on the trial of an offense under this
section that the person operated a motor vehicle on a highway during
a period that the person's driver's license was suspended under
Section 521.352 or the person was prohibited from obtaining a
driver's license under that section, the offense is a Class A
misdemeanor.
SECTION 8.04. (a) The change in law made by this article
applies only to an offense committed on or after the effective date
of this Act.
(b) An offense committed before the effective date of this
Act is covered by the law in effect when the offense was committed,
and the former law is continued in effect for that purpose. For
purposes of this subsection, an offense was committed before the
effective date of this Act if any element of the offense was
committed before that date.
ARTICLE 9. MISCELLANEOUS PROVISIONS
SECTION 9.01. Article 18.20, Code of Criminal Procedure, is
amended by adding Section 9A to read as follows:
Sec. 9A. INTERCEPTION ORDER FOR COMMUNICATION BY SPECIFIED
PERSON. (a) The requirements of Sections 8(a)(2)(B) and 9(b)(2)
relating to the specification of the facilities from which or the
place where a communication is to be intercepted do not apply if:
(1) in the case of an application for an order
authorizing the interception of an oral communication:
(A) the application contains a full and complete
statement as to why the specification is not practical and
identifies the person committing or believed to be committing the
offense and whose communications are to be intercepted; and
(B) a judge of competent jurisdiction finds that
the specification is not practical; and
(2) in the case of an application for an order
authorizing the interception of a wire or electronic communication:
(A) the application identifies the person
committing or believed to be committing the offense and whose
communications are to be intercepted;
(B) a judge of competent jurisdiction finds that
the applicant has made an adequate showing of probable cause to
believe that the actions of the person identified in the
application could have the effect of thwarting interception from a
specified facility; and
(C) the authority to intercept a wire or
electronic communication under the order is limited to a period in
which it is reasonable to presume that the person identified in the
application will be reasonably proximate to the interception
device.
(b) A person implementing an order authorizing the
interception of an oral communication that, in accordance with this
section, does not specify the facility from which or the place where
a communication is to be intercepted may begin interception only
after the person ascertains the place where the communication is to
be intercepted.
(c) A provider of wire or electronic communications that
receives an order authorizing the interception of a wire or
electronic communication that, in accordance with this section,
does not specify the facility from which or the place where a
communication is to be intercepted may move the court to modify or
quash the order on the ground that the provider's assistance with
respect to the interception cannot be performed in a timely or
reasonable fashion. On notice to the state, the court shall decide
the motion expeditiously.
SECTION 9.02. Subchapter A, Chapter 411, Government Code,
is amended by adding Section 411.0207 to read as follows:
Sec. 411.0207. PUBLIC CORRUPTION UNIT. (a) In this
section, "organized criminal activity" means conduct that
constitutes an offense under Section 71.02, Penal Code.
(b) A public corruption unit is created within the
department to investigate and assist in the management of
allegations of participation in organized criminal activity by:
(1) an individual elected, appointed, or employed to
serve as a peace officer for a governmental entity of this state
under Article 2.12, Code of Criminal Procedure; or
(2) a federal law enforcement officer while performing
duties in this state.
(c) The unit shall:
(1) assist district attorneys and county attorneys in
the investigation and prosecution of allegations described by
Subsection (b);
(2) if requested by the agency, assist a state or local
law enforcement agency with the investigation of such allegations
against law enforcement officers in the agency;
(3) assist the United States Department of Justice or
any other appropriate federal department or agency in the
investigation and prosecution of allegations described by
Subsection (b);
(4) if requested by the agency, assist a federal law
enforcement agency with the investigation of such allegations
against law enforcement officers in the agency;
(5) serve as a clearinghouse for information relating
to the investigation and prosecution of allegations described by
Subsection (b); and
(6) report to the highest-ranking officer of the Texas
Rangers division of the department.
(d) On written approval of the director or of the chair of
the commission, the highest-ranking officer of the Texas Rangers
division of the department may initiate an investigation of an
allegation of participation in organized criminal activity by a law
enforcement officer described by Subsection (b)(1). Written
approval under this subsection must be based on cause.
(e) To the extent allowed by law, a state or local law
enforcement agency shall cooperate with the public corruption unit
by providing information requested by the unit as necessary to
carry out the purposes of this section. Information described by
this subsection is excepted from required disclosure under Chapter
552 in the manner provided by Section 552.108.
SECTION 9.03. Section 421.082, Government Code, is amended
by adding Subsections (e), (f), and (g) to read as follows:
(e) The center shall annually submit to the governor and the
legislature a report regarding criminal street gangs and
gang-related crime. The report must include:
(1) an evaluation of the threat that criminal street
gangs and gang-related crime pose to communities in this state that
are at or near the international border between this state and the
United Mexican States;
(2) an evaluation of the threat that criminal street
gangs and gang-related crime occurring at or near the border pose to
other areas of this state;
(3) identification of any law enforcement strategies
in this state or another jurisdiction that have been effective in
preventing the growth or proliferation of criminal street gangs or
gang-related crime; and
(4) recommendations on actions that may be taken to:
(A) prevent criminal street gangs from
committing human trafficking offenses;
(B) reduce criminal street gang violence
throughout this state, with specific recommendations concerning
reduction of criminal street gang violence at or near the border;
(C) prevent the growth or proliferation of
criminal street gangs throughout this state, with specific
recommendations concerning prevention of the growth or
proliferation of criminal street gangs at or near the border; and
(D) ensure that law enforcement personnel
receive the necessary training and education to effectively deal
with the problems created by criminal street gangs and gang-related
crime.
(f) On request, a criminal justice or juvenile justice
agency of this state shall provide to the center information
relating to criminal street gangs and gang-related crime.
(g) The report required under Subsection (e) may not contain
any information that:
(1) is considered sensitive intelligence information
by the agency that provided the information; or
(2) could jeopardize an ongoing investigation being
conducted by the agency that provided the information.
SECTION 9.04. Chapter 772, Government Code, is amended by
adding Section 772.007 to read as follows:
Sec. 772.007. TEXAS ANTI-GANG GRANT PROGRAM. (a) The
criminal justice division established under Section 772.006 shall
administer a competitive grant program to support regional,
multidisciplinary approaches to combat gang violence through the
coordination of gang prevention, intervention, and suppression
activities.
(b) The grant program administered under this section must
be directed toward regions of this state that have demonstrably
high levels of gang violence.
(c) The criminal justice division shall award grants to
qualified applicants, as determined by the division, that
demonstrate a comprehensive approach that balances gang
prevention, intervention, and suppression activities to reduce
gang violence.
(d) The criminal justice division shall include in the
biennial report required by Section 772.006(a)(9) detailed
reporting of the results and performance of the grant program
administered under this section.
(e) The criminal justice division may use any revenue
available for purposes of this section.
SECTION 9.05. Section 9A, Article 18.20, Code of Criminal
Procedure, as added by this Act, applies only to an application for
an order authorizing the interception of a wire, oral, or
electronic communication that is submitted on or after the
effective date of this Act. An application that was submitted
before the effective date of this Act is covered by the law in
effect on the date the application was submitted, and the former law
is continued in effect for that purpose.
SECTION 9.06. Not later than December 1, 2010, the
Department of Public Safety shall establish the public corruption
unit under Section 411.0207, Government Code, as added by this Act.
SECTION 9.07. The Texas Fusion Center shall submit the
first annual report regarding criminal street gangs and
gang-related crime to the governor and the legislature as required
by Subsection (e), Section 421.082, Government Code, as added by
this Act, not later than September 1, 2010.
ARTICLE 10. CONFLICT OF LAW AND EFFECTIVE DATE PROVISIONS
SECTION 10.01. To the extent of any conflict, this Act
prevails over another Act of the 81st Legislature, Regular Session,
2009, relating to nonsubstantive additions to and corrections in
enacted codes.
SECTION 10.02. This Act takes effect September 1, 2009,
except that Sections 37.110 and 51.973, Education Code, and Section
42.064, Human Resources Code, as added by this Act, take effect
immediately if this Act receives a vote of two-thirds of all the
members elected to each house, as provided by Section 39, Article
III, Texas Constitution. If this Act does not receive the vote
necessary for immediate effect, those sections of the Education
Code and Human Resources Code take effect September 1, 2009.