Texas 2009 - 81st Regular

Texas Senate Bill SB1256

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

Caption

Relating to the prevention and prosecution of, and punishment prescribed for engaging in, organized criminal activity in a gang-free zone.

Impact

The proposed changes would see punishments for certain offenses elevated to the next highest category, provided they occur within specified distances from gang-free zones. For instance, if an individual commits a crime within 1,000 feet of a school or youth center, the punishment would be significantly increased. This modification in law is expected to give law enforcement additional tools to combat gang-related crime, particularly in populated areas where the presence of gangs may pose a direct threat to public safety.

Summary

Senate Bill 1256 aims to enhance the penalties associated with engaging in organized criminal activity within designated gang-free zones across Texas. The bill specifically amends Section 71 of the Penal Code by establishing clear definitions for 'gang-free zones' which encompass schools, playgrounds, shopping malls, and other public areas. The core intent of this legislation is to deter criminal conduct near locations frequented by children or vulnerable populations, thereby improving community safety.

Contention

Despite its intentions, SB 1256 has generated a mix of support and opposition among lawmakers and community groups. Supporters contend that the bill is a necessary step in creating safer environments for children and other community members. However, some critics argue that the bill may lead to over-policing in certain neighborhoods, disproportionately affecting minority populations and contributing to a cycle of criminalization without addressing the underlying issues of gang violence. There are concerns that increased penalties alone will not resolve systemic social issues related to crime.

Enforcement

Additionally, the bill introduces provisions regarding the admissibility of maps that define gang-free zones within court proceedings. These maps, created by municipal or county engineers, would serve as prima facie evidence during prosecutions, thereby ensuring clarity in legal frameworks surrounding the enforcement of this law. Overall, SB 1256 represents a significant legislative effort aimed at addressing organized crime in Texas, while also raising important discussions surrounding the balance between public safety and equitable law enforcement.

Companion Bills

No companion bills found.

Previously Filed As

TX SB1709

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

TX HB1533

Relating to the prosecution of organized criminal activity involving a controlled substance or dangerous drug.

TX HB67

Relating to the prosecution of organized criminal activity involving a controlled substance or dangerous drug.

TX SB2043

Relating to the prosecution of organized criminal activity involving obstructing a highway or other passageway by engaging in a reckless driving exhibition or street racing on a highway.

TX HB4180

Relating to the prosecution of organized criminal activity involving obstructing a highway or other passageway by engaging in a reckless driving exhibition or street racing on a highway.

TX HB208

Relating to the punishment for certain controlled substance offenses committed in a drug-free zone; 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 HB2086

Relating to creating a criminal offense for interfering with a motor fuel metering device or motor fuel unattended payment terminal and the prosecution of organized criminal activity involving that conduct.

TX SB2305

Relating to creating a criminal offense for interfering with a motor fuel metering device or motor fuel unattended payment terminal and the prosecution of organized criminal activity involving that conduct.

TX HB4635

Relating to organized crime, racketeering activities, and collection of unlawful debts; providing a civil penalty; creating criminal offenses.

Similar Bills

No similar bills found.