| 1 | 1 | | 88R8439 CJD-D |
|---|
| 2 | 2 | | By: Lozano H.B. No. 1533 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | A BILL TO BE ENTITLED |
|---|
| 6 | 6 | | AN ACT |
|---|
| 7 | 7 | | relating to the prosecution of organized criminal activity |
|---|
| 8 | 8 | | involving a controlled substance or dangerous drug. |
|---|
| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 10 | 10 | | SECTION 1. Section 71.02(a), Penal Code, is amended to read |
|---|
| 11 | 11 | | as follows: |
|---|
| 12 | 12 | | (a) A person commits an offense if, with the intent to |
|---|
| 13 | 13 | | establish, maintain, or participate in a combination or in the |
|---|
| 14 | 14 | | profits of a combination or as a member of a criminal street gang, |
|---|
| 15 | 15 | | the person commits or conspires to commit one or more of the |
|---|
| 16 | 16 | | following: |
|---|
| 17 | 17 | | (1) murder, capital murder, arson, aggravated |
|---|
| 18 | 18 | | robbery, robbery, burglary, theft, aggravated kidnapping, |
|---|
| 19 | 19 | | kidnapping, aggravated assault, aggravated sexual assault, sexual |
|---|
| 20 | 20 | | assault, continuous sexual abuse of young child or disabled |
|---|
| 21 | 21 | | individual, solicitation of a minor, forgery, deadly conduct, |
|---|
| 22 | 22 | | assault punishable as a Class A misdemeanor, burglary of a motor |
|---|
| 23 | 23 | | vehicle, or unauthorized use of a motor vehicle; |
|---|
| 24 | 24 | | (2) any gambling offense punishable as a Class A |
|---|
| 25 | 25 | | misdemeanor; |
|---|
| 26 | 26 | | (3) promotion of prostitution, aggravated promotion |
|---|
| 27 | 27 | | of prostitution, or compelling prostitution; |
|---|
| 28 | 28 | | (4) unlawful manufacture, transportation, repair, or |
|---|
| 29 | 29 | | sale of firearms or prohibited weapons; |
|---|
| 30 | 30 | | (5) unlawful manufacture, delivery, dispensation, or |
|---|
| 31 | 31 | | distribution of a controlled substance or dangerous drug, or |
|---|
| 32 | 32 | | unlawful possession of a controlled substance or dangerous drug: |
|---|
| 33 | 33 | | (A) through forgery, fraud, misrepresentation, |
|---|
| 34 | 34 | | or deception; or |
|---|
| 35 | 35 | | (B) with the intent to deliver the controlled |
|---|
| 36 | 36 | | substance or dangerous drug; |
|---|
| 37 | 37 | | (5-a) causing the unlawful delivery, dispensation, or |
|---|
| 38 | 38 | | distribution of a controlled substance or dangerous drug in |
|---|
| 39 | 39 | | violation of Subtitle B, Title 3, Occupations Code; |
|---|
| 40 | 40 | | (6) any unlawful wholesale promotion or possession of |
|---|
| 41 | 41 | | any obscene material or obscene device with the intent to wholesale |
|---|
| 42 | 42 | | promote the same; |
|---|
| 43 | 43 | | (7) any offense under Subchapter B, Chapter 43, |
|---|
| 44 | 44 | | depicting or involving conduct by or directed toward a child |
|---|
| 45 | 45 | | younger than 18 years of age; |
|---|
| 46 | 46 | | (8) any felony offense under Chapter 32; |
|---|
| 47 | 47 | | (9) any offense under Chapter 36; |
|---|
| 48 | 48 | | (10) any offense under Chapter 34, 35, or 35A; |
|---|
| 49 | 49 | | (11) any offense under Section 37.11(a); |
|---|
| 50 | 50 | | (12) any offense under Chapter 20A; |
|---|
| 51 | 51 | | (13) any offense under Section 37.10; |
|---|
| 52 | 52 | | (14) any offense under Section 38.06, 38.07, 38.09, or |
|---|
| 53 | 53 | | 38.11; |
|---|
| 54 | 54 | | (15) any offense under Section 42.10; |
|---|
| 55 | 55 | | (16) any offense under Section 46.06(a)(1) or 46.14; |
|---|
| 56 | 56 | | (17) any offense under Section 20.05 or 20.06; |
|---|
| 57 | 57 | | (18) any offense under Section 16.02; or |
|---|
| 58 | 58 | | (19) any offense classified as a felony under the Tax |
|---|
| 59 | 59 | | Code. |
|---|
| 60 | 60 | | SECTION 2. The change in law made by this Act applies only |
|---|
| 61 | 61 | | to an offense committed on or after the effective date of this Act. |
|---|
| 62 | 62 | | An offense committed before the effective date of this Act is |
|---|
| 63 | 63 | | governed by the law in effect on the date the offense was committed, |
|---|
| 64 | 64 | | and the former law is continued in effect for that purpose. For |
|---|
| 65 | 65 | | purposes of this section, an offense was committed before the |
|---|
| 66 | 66 | | effective date of this Act if any element of the offense was |
|---|
| 67 | 67 | | committed before that date. |
|---|
| 68 | 68 | | SECTION 3. This Act takes effect September 1, 2023. |
|---|