Texas Senate Bill SB423

Texas 2009 - 81st Regular

• Out of Senate Committee: 4/8/09
• Voted on by Senate: 4/23/09
• Out of House Committee: 5/18/09

Caption

Relating to the conditions of community supervision that may be imposed on a defendant with regard to association with a member of a criminal street gang.

Impact

With SB423, the law explicitly outlines communication restrictions for gang-affiliated defendants under community supervision. Specifically, these individuals would be prohibited from knowingly communicating with other gang members unless authorized by the court or law enforcement. This provision aims to reduce the potential for further gang-related activities during the supervision period and potentially curtail gang influence on individuals within the community. The bill’s enactment signifies a shift towards tougher consequences for gang associations, which could influence other areas of criminal law.

Summary

SB423 focuses on new conditions for community supervision for defendants who are members of criminal street gangs in Texas. This bill mandates that if a judge affirms that a defendant was a gang member at the time of an offense, it must be formally documented in the court's judgment. This affirmative finding is crucial for the subsequent terms of the community supervision granted to the defendant. It signals an increased emphasis on the relationship between gang affiliation and criminal conduct, making it a more significant factor in judicial determinations.

Contention

Debate surrounding SB423 may center on the implications of limiting communications for individuals under community supervision. Critics might argue that such restrictions infringe upon personal freedoms or may hinder rehabilitation efforts. There are concerns regarding the definition of 'knowingly communicate' and its practical enforcement, which could lead to ambiguity in how the law is applied. Supporters, however, may contend that these measures are necessary to combat gang violence and activities, thereby enhancing community safety and reflecting the interests of law enforcement.