By: Carona S.B. No. 332
(In the Senate - Filed December 2, 2008; February 11, 2009,
read first time and referred to Committee on Transportation and
Homeland Security; April 8, 2009, reported adversely, with
favorable Committee Substitute by the following vote: Yeas 8,
Nays 0; April 8, 2009, sent to printer.)
COMMITTEE SUBSTITUTE FOR S.B. No. 332 By: Carona
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 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 2. Section 54.0491, Family Code, as added by this
Act, applies only to conduct that violates a penal law of this state
and occurs on or after the effective date of this Act. Conduct that
violates a penal law of this state and 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. This Act takes effect September 1, 2009.
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