| 1 | 1 | | By: Carona S.B. No. 332 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to the adjudication of certain gang-related delinquent |
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| 7 | 7 | | conduct. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Chapter 54, Family Code, is amended by adding |
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| 10 | 10 | | Section 54.0491 to read as follows: |
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| 11 | 11 | | Sec. 54.0491. GANG-RELATED CONDUCT. (a) In this section: |
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| 12 | 12 | | (1) "Criminal street gang" has the meaning assigned by |
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| 13 | 13 | | Section 71.01, Penal Code. |
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| 14 | 14 | | (2) "Gang-related conduct" means conduct that |
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| 15 | 15 | | violates a penal law of the grade of Class B misdemeanor or higher |
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| 16 | 16 | | and in which a child engages with the intent to: |
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| 17 | 17 | | (A) further the criminal activities of a criminal |
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| 18 | 18 | | street gang of which the child is a member; |
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| 19 | 19 | | (B) gain membership in a criminal street gang; or |
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| 20 | 20 | | (C) avoid detection as a member of a criminal |
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| 21 | 21 | | street gang. |
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| 22 | 22 | | (b) A juvenile court, in a disposition hearing under Section |
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| 23 | 23 | | 54.04 regarding a child who has been adjudicated to have engaged in |
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| 24 | 24 | | delinquent conduct that is also gang-related conduct, shall order |
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| 25 | 25 | | the child to participate in a criminal street gang intervention |
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| 26 | 26 | | program that is appropriate for the child based on the child's level |
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| 27 | 27 | | of involvement in the criminal activities of a criminal street |
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| 28 | 28 | | gang. The intervention program: |
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| 29 | 29 | | (1) must include at least 12 hours of instruction; and |
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| 30 | 30 | | (2) may include voluntary tattoo removal. |
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| 31 | 31 | | (c) If a child required to attend a criminal street gang |
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| 32 | 32 | | intervention program is committed to the Texas Youth Commission as |
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| 33 | 33 | | a result of the gang-related conduct, the child must complete the |
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| 34 | 34 | | intervention program before being discharged from the custody of or |
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| 35 | 35 | | released under supervision by the commission. |
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| 36 | 36 | | SECTION 2. Section 54.0491, Family Code, as added by this |
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| 37 | 37 | | Act, applies only to conduct that violates a penal law of this state |
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| 38 | 38 | | and occurs on or after the effective date of this Act. Conduct that |
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| 39 | 39 | | violates a penal law of this state and occurs before the effective |
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| 40 | 40 | | date of this Act is covered by the law in effect at the time the |
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| 41 | 41 | | conduct occurred, and the former law is continued in effect for that |
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| 42 | 42 | | purpose. For purposes of this section, conduct occurs before the |
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| 43 | 43 | | effective date of this Act if each element of the violation occurred |
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| 44 | 44 | | before that date. |
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| 45 | 45 | | SECTION 3. This Act takes effect September 1, 2009. |
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