81R2576 KCR-D
By: Carona S.B. No. 332
A BILL TO BE ENTITLED
AN ACT
relating to the adjudication of certain gang-related delinquent
conduct.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. 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 awareness
program that explains the dangers and risks inherent in and the
criminal consequences of seeking to join or being a member of a
criminal street gang. The awareness program:
(1) must include at least 12 classroom hours of
instruction; and
(2) may include voluntary tattoo removal.
(c) If a child required to attend a criminal street gang
awareness program is committed to the Texas Youth Commission as a
result of the gang-related conduct, the child must complete the
awareness program before being discharged from the custody of or
released under supervision by the commission.
SECTION 2. The change in law made by this Act applies only
to conduct that occurs on or after the effective date of this Act.
Conduct 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 the
purposes of this section, conduct violating a penal law of this
state occurs before the effective date of this Act if every element
of the violation occurred before that date.
SECTION 3. This Act takes effect September 1, 2009.