Texas 2009 - 81st Regular

Texas Senate Bill SB849

Voted on by Senate
 
Out of House Committee
 
Voted on by House
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to the creation of the offense of directing the activities of a criminal street gang.

Impact

The introduction of SB849 will have significant implications for the enforcement of laws related to gang activity in Texas. By specifically criminalizing the direction of gang operations, the bill expands the scope of offenses that law enforcement can address, potentially leading to stricter penalties for those involved in gang leadership roles. The classification of this offense as a first-degree felony means that individuals convicted under this statute could face substantial prison time, which may deter individuals from taking on such roles within criminal organizations. Additionally, the bill's passage could increase pressure on local law enforcement agencies to focus on gang-related activities in their communities.

Summary

SB849 establishes a new offense within Texas law concerning the management and direction of criminal street gangs. Specifically, the bill makes it an offense to knowingly initiate, organize, plan, finance, direct, manage, or supervise any criminal street gang or its members. The provision is designed to target individuals who play a leadership role within such organizations and engage in activities that are meant to benefit or promote the gang's interests. This legislation aims to enhance the legal framework for addressing gang-related activities, making it easier for law enforcement to prosecute individuals involved in gang operations.

Contention

While supporters of SB849 may argue that the bill enhances public safety and provides essential tools for fighting organized crime, it may also raise concerns among civil rights advocates. Critics could contend that such legislation may disproportionately target specific communities and lead to over-policing or wrongful convictions based on the broad definitions of gang activities. There is a potential for misuse of the law, where individuals could be prosecuted for mere association with suspected gang members without clear evidence of leadership or direction. The implications of this bill could spark debates regarding the balance between public safety and the protection of individual rights in the face of gang-related crime.

Companion Bills

TX HB4381

Identical Relating to the creation of the offense of directing the activities of a criminal street gang.

Previously Filed As

TX HB4014

Relating to prohibiting the carrying of a firearm by a member of a criminal street gang while engaged in certain criminal activity; creating a criminal offense; changing the eligibility for community supervision.

TX HB2599

Relating to prohibiting the possession of a firearm by a person in a criminal street gang; creating a criminal offense; increasing criminal penalties; changing eligibility for community supervision.

TX SB2042

Relating to prohibiting the carrying of a handgun by a member of a criminal street gang while engaged in criminal activity; creating a criminal offense; changing the eligibility for community supervision.

TX HB7

Relating to measures to address public safety threats in this state presented by transnational criminal activity, including by establishing a Texas Border Force, and to compensate persons affected by those threats; increasing criminal penalties; creating criminal offenses.

TX HB61

Relating to measures to address public safety threats in this state presented by transnational criminal activity, including by establishing a Texas Border Force, and to compensate persons affected by those threats; increasing criminal penalties; creating criminal offenses.

TX HB4642

Relating to offenses involving the manufacture or delivery of certain controlled substances and the enforcement and prevention of those offenses; creating a criminal offense.

TX HB4635

Relating to organized crime, racketeering activities, and collection of unlawful debts; providing a civil penalty; creating criminal offenses.

TX SB1788

Relating to organized crime, racketeering activities, and collection of unlawful debts; providing a civil penalty; creating criminal offenses.

TX SB1518

Relating to the establishment of a terrorist offender registry and to the supervision of those terrorist offenders; creating criminal offenses related to terrorism.

TX SB1044

Relating to criminal offenses for the creation or distribution of certain misleading images and videos; creating a criminal offense.

Similar Bills

No similar bills found.