Texas 2009 - 81st Regular

Texas Senate Bill SB2198

Voted on by Senate
 
Out of House Committee
 
Voted on by House
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to the criminal prosecution of racketeering; providing penalties.

Impact

The impact of SB2198 on state laws is significant, as it not only expands the definition of racketeering but also delineates the responsibilities and illegal activities associated with controlling or conducting an enterprise through racketeering. Offenses committed under the new provisions are classified as felonies, with penalties varying from third-degree felonies for most offenses to second-degree felonies for more severe violations involving minors. This legislative change is expected to bring a more systematic approach to prosecuting organized crime, enabling prosecutors to address racketeering more effectively and potentially leading to increased convictions.

Summary

SB2198 introduces significant changes to the criminal prosecution of racketeering in Texas. It establishes new definitions and penalties related to activities that fall under the category of racketeering, which includes a wide array of criminal offenses such as homicide, trafficking of persons, and money laundering. The bill aims to strengthen the state's legal framework for addressing organized crime and enhancing the ability of law enforcement to prosecute individuals and enterprises involved in such activities. By adding Chapter 34A to the Texas Penal Code, the bill broadens the scope of what constitutes racketeering and allows for more robust legal actions against those engaged in these criminal enterprises.

Contention

Notable points of contention surrounding SB2198 include discussions about the implications of such broad definitions on legitimate businesses and the potential for overreach in law enforcement. Critics of the bill express concern about the ambiguity of terms like 'enterprise' and 'racketeering', fearing they could lead to the criminalization of routine business practices and disproportionately affect smaller businesses. Furthermore, the penalties associated with engaging in or facilitating racketeering raise questions about fair legal proceedings and the rights of individuals accused under these new provisions. As the bill progresses through the legislative process, debate continues regarding its balance between addressing organized crime and protecting citizens' rights.

Companion Bills

TX HB4399

Identical Relating to the criminal prosecution of racketeering; 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 SB1788

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

TX HB4635

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

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 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 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 SB465

Relating to certain criminal conduct involving a catalytic converter; creating a criminal offense; increasing criminal penalties.

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.

Similar Bills

CA AB516

Sex offenses: disabled victims.

CA AB2123

District-based elections.

CA AB453

District-based elections.

CA AB3171

Controlled substances: fentanyl.

MI HB4122

Health occupations: health professionals; permanent revocation of license or registration if convicted of sexual conduct under pretext of medical treatment; provide for. Amends sec. 16226 of 1978 PA 368 (MCL 333.16226). TIE BAR WITH: HB 4121'23

CA AB892

Sex offenders: registration: solicitation of a minor.

CA SB680

Sex offender registration: unlawful sexual intercourse with a minor.

MN SF1826

Payment rates establishment for certain substance use disorder treatment services