Texas Senate Bill SB551

Texas 2009 - 81st Regular

• Out of Senate Committee: 4/15/09
• Voted on by Senate: 4/23/09

Caption

Relating to civil liability for criminal street gang activity that violates a court-ordered injunction.

Impact

Furthermore, the bill extends liability to the governmental entities affected by criminal street gang activities. This includes the costs incurred from policing gang-related activities and any reduction in property value or tax revenue faced by these entities. By allowing governmental entities to sue for recovery of damages, SB551 emphasizes the financial burdens that gangs impose not only on families but also on local and state resources. This could lead to significant legal and financial repercussions for criminal organizations operating within the jurisdiction of Texas.

Summary

SB551 introduces a framework for civil liability concerning activities associated with criminal street gangs in Texas. The bill aims to establish specific liabilities for criminal street gangs, particularly when a child is recruited or induced to join. Under this legislation, a gang or its member can be held responsible for damages incurred by a parent or guardian as a result of such recruitment, allowing for the recovery of both economic and noneconomic damages. This provision recognizes the emotional and societal impact that gang involvement can have on families, particularly those with minors.

Contention

However, the bill may face contention regarding the obligations it places on gang members and the potential for abuse in its application. Critics may argue that not all individuals associated with gangs should be liable for the actions of others, raising questions about fairness in enforcement. Additionally, there is concern about how the liability standards are defined and enforced, particularly regarding the subjective nature of gang involvement and the potential stigmatization of communities. These factors could lead to complex legal challenges as the bill moves forward, necessitating careful consideration of its long-term implications.