81R2539 GCB-D
By: Carona S.B. No. 423
A BILL TO BE ENTITLED
AN ACT
relating to the conditions of community supervision to be imposed
on a defendant who is a member of a criminal street gang.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 42, Code of Criminal Procedure, is
amended by adding Article 42.0145 to read as follows:
Art. 42.0145. FINDING THAT OFFENSE WAS COMMITTED BY A
MEMBER OF A CRIMINAL STREET GANG. In the trial of an offense, the
judge shall make an affirmative finding of fact and enter the
affirmative finding in the judgment of the case if, at the guilt or
innocence phase of the trial, the trier of fact determines beyond a
reasonable doubt that at the time the offense was committed, the
defendant was a member of a criminal street gang as defined by
Section 71.01, Penal Code.
SECTION 2. Article 42.12, Code of Criminal Procedure, is
amended by adding Section 13E to read as follows:
Sec. 13E. COMMUNITY SUPERVISION FOR OFFENSE COMMITTED BY A
MEMBER OF A CRIMINAL STREET GANG. A court granting community
supervision to a defendant convicted of an offense for which the
court has made an affirmative finding under Article 42.0145 shall
require as a condition of community supervision that the defendant
not knowingly communicate with another member of a criminal street
gang except as authorized by the court or by an employee of a law
enforcement agency, as defined by Article 59.01, for the purpose of
aiding in a criminal investigation.
SECTION 3. The change in law made by this Act applies only
to an offense committed on or after the effective date of this Act.
An offense committed before the effective date of this Act is
governed by the law in effect when the offense was committed, and
the former law is continued in effect for that purpose. For
purposes of this section, an offense was committed before the
effective date of this Act if any element of the offense occurred
before that date.
SECTION 4. This Act takes effect September 1, 2009.