Texas 2023 - 88th Regular

Texas Senate Bill SB1900 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	S.B. No. 1900
2	2
3	3
4	4	AN ACT
5	5	relating to foreign terrorist organizations, including the
6	6	compilation of information regarding, certain civil actions
7	7	brought against, and the prosecution of certain organized crime
8	8	offenses involving a foreign terrorist organization and of
9	9	sedition.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. The heading to Subchapter D, Chapter 125, Civil
12	12	Practice and Remedies Code, is amended to read as follows:
13	13	SUBCHAPTER D. MEMBERSHIP IN CRIMINAL STREET GANG OR FOREIGN
14	14	TERRORIST ORGANIZATION
15	15	SECTION 2. Sections 125.061(1) and (3), Civil Practice and
16	16	Remedies Code, are amended to read as follows:
17	17	(1) "Combination," [and] "criminal street gang," and
18	18	"foreign terrorist organization" have the meanings assigned by
19	19	Section 71.01, Penal Code.
20	20	(3) "Gang activity" means the following types of
21	21	conduct:
22	22	(A) organized criminal activity as described by
23	23	Section 71.02, Penal Code;
24	24	(B) terroristic threat as described by Section
25	25	22.07, Penal Code;
26	26	(C) coercing, inducing, or soliciting[, or
27	27	inducing gang] membership in a criminal street gang or foreign
28	28	terrorist organization as described by Section 71.022(a) or (a-1),
29	29	Penal Code;
30	30	(D) criminal trespass as described by Section
31	31	30.05, Penal Code;
32	32	(E) disorderly conduct as described by Section
33	33	42.01, Penal Code;
34	34	(F) criminal mischief as described by Section
35	35	28.03, Penal Code, that causes a pecuniary loss of $500 or more;
36	36	(G) a graffiti offense in violation of Section
37	37	28.08, Penal Code;
38	38	(H) a weapons offense in violation of Chapter 46,
39	39	Penal Code; or
40	40	(I) unlawful possession of a substance or other
41	41	item in violation of Chapter 481, Health and Safety Code.
42	42	SECTION 3. Section 125.062, Civil Practice and Remedies
43	43	Code, is amended to read as follows:
44	44	Sec. 125.062. PUBLIC NUISANCE; COMBINATION. A
45	45	combination, [or] criminal street gang, or foreign terrorist
46	46	organization that continuously or regularly associates in gang
47	47	activities is a public nuisance.
48	48	SECTION 4. Section 125.063, Civil Practice and Remedies
49	49	Code, is amended to read as follows:
50	50	Sec. 125.063. PUBLIC NUISANCE; USE OF PLACE. The habitual
51	51	use of a place by a combination, [or] criminal street gang, or
52	52	foreign terrorist organization for engaging in gang activity is a
53	53	public nuisance.
54	54	SECTION 5. Section 125.064(b), Civil Practice and Remedies
55	55	Code, is amended to read as follows:
56	56	(b) Any person who habitually associates with others to
57	57	engage in gang activity as a member of a combination, [or] criminal
58	58	street gang, or foreign terrorist organization may be made a
59	59	defendant in the suit. Any person who owns or is responsible for
60	60	maintaining a place that is habitually used for engaging in gang
61	61	activity may be made a defendant in the suit.
62	62	SECTION 6. Section 125.065(a), Civil Practice and Remedies
63	63	Code, is amended to read as follows:
64	64	(a) If the court finds that a combination, [or] criminal
65	65	street gang, or foreign terrorist organization constitutes a public
66	66	nuisance, the court may enter an order:
67	67	(1) enjoining a defendant in the suit from engaging in
68	68	the gang activities of the combination, [or] criminal street gang,
69	69	or foreign terrorist organization; and
70	70	(2) imposing other reasonable requirements to prevent
71	71	the combination, [or] criminal street gang, or foreign terrorist
72	72	organization from engaging in future gang activities.
73	73	SECTION 7. Section 125.069, Civil Practice and Remedies
74	74	Code, is amended to read as follows:
75	75	Sec. 125.069. USE OF PLACE; EVIDENCE. In an action brought
76	76	under this subchapter, proof that gang activity by a member of a
77	77	combination, [or] a criminal street gang, or a foreign terrorist
78	78	organization is frequently committed at a place or proof that a
79	79	place is frequently used for engaging in gang activity by a member
80	80	of a combination, [or] a criminal street gang, or a foreign
81	81	terrorist organization is prima facie evidence that the proprietor
82	82	knowingly permitted the act, unless the act constitutes conspiring
83	83	to commit gang activity.
84	84	SECTION 8. Sections 125.070(b), (c), and (e), Civil
85	85	Practice and Remedies Code, are amended to read as follows:
86	86	(b) A criminal street gang or foreign terrorist
87	87	organization or a member of a criminal street gang or foreign
88	88	terrorist organization is liable to the state or a governmental
89	89	entity injured by the violation of a temporary or permanent
90	90	injunctive order under this subchapter.
91	91	(c) In an action brought against a member of a criminal
92	92	street gang or a member of a foreign terrorist organization, the
93	93	plaintiff must show that the member violated the temporary or
94	94	permanent injunctive order.
95	95	(e) The property of the criminal street gang or foreign
96	96	terrorist organization or a member of the criminal street gang or
97	97	foreign terrorist organization may be seized in execution on a
98	98	judgment under this section. Property may not be seized under this
99	99	subsection if the owner or interest holder of the property proves by
100	100	a preponderance of the evidence that the owner or interest holder
101	101	was not a member of the criminal street gang or foreign terrorist
102	102	organization and did not violate the temporary or permanent
103	103	injunctive order. The owner or interest holder of property that is
104	104	in the possession of a criminal street gang or foreign terrorist
105	105	organization or a member of the criminal street gang or foreign
106	106	terrorist organization and that is subject to execution under this
107	107	subsection must show that the property:
108	108	(1) was stolen from the owner or interest holder; or
109	109	(2) was used or intended to be used without the
110	110	effective consent of the owner or interest holder by the criminal
111	111	street gang or foreign terrorist organization or a member of the
112	112	criminal street gang or foreign terrorist organization.
113	113	SECTION 9. Article 67.001, Code of Criminal Procedure, is
114	114	amended by adding Subdivision (8-a) and amending Subdivision (9) to
115	115	read as follows:
116	116	(8-a) "Foreign terrorist organization" has the meaning
117	117	assigned by Section 71.01, Penal Code.
118	118	(9) "Intelligence database" means a collection or
119	119	compilation of data organized for search and retrieval to evaluate,
120	120	analyze, disseminate, or use intelligence information relating to a
121	121	combination, [or] criminal street gang, or foreign terrorist
122	122	organization for the purpose of investigating or prosecuting a
123	123	criminal offense.
124	124	SECTION 10. Articles 67.051(a) and (b), Code of Criminal
125	125	Procedure, are amended to read as follows:
126	126	(a) Subject to Subsection (b), a criminal justice agency or
127	127	juvenile justice agency shall compile criminal information into an
128	128	intelligence database for the purpose of investigating or
129	129	prosecuting the criminal activities of combinations, [or] criminal
130	130	street gangs, or foreign terrorist organizations.
131	131	(b) A law enforcement agency in a municipality with a
132	132	population of 50,000 or more or in a county with a population of
133	133	100,000 or more shall compile and maintain in a local or regional
134	134	intelligence database criminal information relating to a criminal
135	135	street gang or a foreign terrorist organization as provided by
136	136	Subsection (a). The agency must compile and maintain the
137	137	information in accordance with the criminal intelligence systems
138	138	operating policies established under 28 C.F.R. Section 23.1 et seq.
139	139	and the submission criteria established under Article 67.054(b).
140	140	SECTION 11. Article 67.054(b), Code of Criminal Procedure,
141	141	is amended to read as follows:
142	142	(b) Criminal information collected under this chapter
143	143	relating to a criminal street gang or foreign terrorist
144	144	organization must:
145	145	(1) be relevant to the identification of an
146	146	organization that is reasonably suspected of involvement in
147	147	criminal activity; and
148	148	(2) consist of:
149	149	(A) a judgment under any law that includes, as a
150	150	finding or as an element of a criminal offense, participation in a
151	151	criminal street gang or foreign terrorist organization;
152	152	(B) a self-admission by an individual of
153	153	membership in a criminal street gang or foreign terrorist
154	154	organization [membership] that is made during a judicial
155	155	proceeding; or
156	156	(C) except as provided by Subsection (c), any two
157	157	of the following:
158	158	(i) a self-admission by the individual of
159	159	membership in a criminal street gang or foreign terrorist
160	160	organization [membership] that is not made during a judicial
161	161	proceeding, including the use of the Internet or other electronic
162	162	format or medium to post photographs or other documentation
163	163	identifying the individual as a member of a criminal street gang or
164	164	foreign terrorist organization;
165	165	(ii) an identification of the individual as
166	166	a member of a criminal street gang or foreign terrorist
167	167	organization [member] by a reliable informant or other individual;
168	168	(iii) a corroborated identification of the
169	169	individual as a member of a criminal street gang or foreign
170	170	terrorist organization [member] by an informant or other individual
171	171	of unknown reliability;
172	172	(iv) evidence that the individual frequents
173	173	a documented area of a criminal street gang or foreign terrorist
174	174	organization and associates with known members of a criminal street
175	175	gang or foreign terrorist organization [members];
176	176	(v) evidence that the individual uses, in
177	177	more than an incidental manner, criminal street gang or foreign
178	178	terrorist organization dress, hand signals, tattoos, or symbols,
179	179	including expressions of letters, numbers, words, or marks,
180	180	regardless of how or the means by which the symbols are displayed,
181	181	that are associated with a criminal street gang or foreign
182	182	terrorist organization that operates in an area frequented by the
183	183	individual and described by Subparagraph (iv);
184	184	(vi) evidence that the individual has been
185	185	arrested or taken into custody with known members of a criminal
186	186	street gang or foreign terrorist organization [members] for an
187	187	offense or conduct consistent with [criminal street] gang activity
188	188	as defined by Section 125.061, Civil Practice and Remedies Code;
189	189	(vii) evidence that the individual has
190	190	visited a known member of a criminal street gang or foreign
191	191	terrorist organization [member], other than a family member of the
192	192	individual, while the [gang] member is confined in or committed to a
193	193	penal institution; or
194	194	(viii) evidence of the individual's use of
195	195	technology, including the Internet, to recruit new members of a
196	196	criminal street gang or foreign terrorist organization [members].
197	197	SECTION 12. Articles 67.102(a) and (d), Code of Criminal
198	198	Procedure, are amended to read as follows:
199	199	(a) Notwithstanding Chapter 58, Family Code, criminal
200	200	information relating to a child associated with a combination, [or]
201	201	criminal street gang, or foreign terrorist organization may be
202	202	compiled and released under this chapter regardless of the age of
203	203	the child.
204	204	(d) The governing body of a county or municipality served by
205	205	a law enforcement agency described by Article 67.051(b) may adopt a
206	206	policy to notify the parent or guardian of a child of the agency's
207	207	observations relating to the child's association with a criminal
208	208	street gang or foreign terrorist organization.
209	209	SECTION 13. Article 67.251, Code of Criminal Procedure, is
210	210	amended to read as follows:
211	211	Art. 67.251. ESTABLISHMENT OF GANG RESOURCE SYSTEM. The
212	212	office of the attorney general shall establish an electronic gang
213	213	resource system to provide criminal justice agencies and juvenile
214	214	justice agencies with information about criminal street gangs and
215	215	foreign terrorist organizations in this state.
216	216	SECTION 14. Articles 67.252(a) and (b), Code of Criminal
217	217	Procedure, are amended to read as follows:
218	218	(a) The gang resource system established under Article
219	219	67.251 may include the following information with regard to any
220	220	gang or foreign terrorist organization:
221	221	(1) gang or organization name;
222	222	(2) gang or organization identifiers, such as colors
223	223	used, tattoos, and clothing preferences;
224	224	(3) criminal activities;
225	225	(4) migration trends;
226	226	(5) recruitment activities; and
227	227	(6) a local law enforcement contact.
228	228	(b) Information in the gang resource system shall be
229	229	accessible according to:
230	230	(1) municipality or county; and
231	231	(2) gang or organization name.
232	232	SECTION 15. Article 67.254(a), Code of Criminal Procedure,
233	233	is amended to read as follows:
234	234	(a) On request by the office of the attorney general, a
235	235	criminal justice agency or juvenile justice agency shall make a
236	236	reasonable attempt to provide gang and foreign terrorist
237	237	organization information to the office of the attorney general for
238	238	the purpose of maintaining an updated, comprehensive gang resource
239	239	system.
240	240	SECTION 16. Article 67.255, Code of Criminal Procedure, is
241	241	amended to read as follows:
242	242	Art. 67.255. USE OF INFORMATION. Information in the gang
243	243	resource system may be used in investigating [gang-related] crimes
244	244	relating to a criminal street gang or foreign terrorist
245	245	organization. Information from the system may be included in an
246	246	affidavit or subpoena or used in connection with any other legal or
247	247	judicial proceeding only if the information is corroborated by
248	248	information not provided by or maintained in the system.
249	249	SECTION 17. Section 557.001, Government Code, is amended by
250	250	amending Subsection (a) and adding Subsection (b-1) to read as
251	251	follows:
252	252	(a) A person commits an offense if the person knowingly:
253	253	(1) commits, attempts to commit, or conspires with one
254	254	or more persons to commit an act intended to overthrow,
255	255	destabilize, destroy, or alter the constitutional form of
256	256	government of this state or of any political subdivision of this
257	257	state by force, [or] violence, or a threat of force or violence;
258	258	(2) under circumstances that constitute a clear and
259	259	present danger to the security of this state or a political
260	260	subdivision of this state, advocates, advises, or teaches or
261	261	conspires with one or more persons to advocate, advise, or teach a
262	262	person to commit or attempt to commit an act described in
263	263	Subdivision (1); or
264	264	(3) participates, with knowledge of the nature of the
265	265	organization, in the management of an organization that engages in
266	266	or attempts to engage in an act intended to overthrow, destabilize,
267	267	destroy, or alter the constitutional form of government of this
268	268	state or of any political subdivision of this state by force or
269	269	violence.
270	270	(b-1) Notwithstanding Section 15.02(d), Penal Code, a
271	271	conspiracy to commit an offense under this section is punishable in
272	272	the same manner as an offense under this section.
273	273	SECTION 18. Section 71.01, Penal Code, is amended by adding
274	274	Subsection (e) to read as follows:
275	275	(e) "Foreign terrorist organization" means three or more
276	276	persons operating as an organization at least partially outside the
277	277	United States who engage in criminal activity and threaten the
278	278	security of this state or its residents, including but not limited
279	279	to a drug cartel.
280	280	SECTION 19. Section 71.02, Penal Code, is amended to read as
281	281	follows:
282	282	Sec. 71.02. ENGAGING IN ORGANIZED CRIMINAL ACTIVITY.
283	283	(a) A person commits an offense if, with the intent to establish,
284	284	maintain, or participate in a combination or in the profits of a
285	285	combination or as a member of a criminal street gang or foreign
286	286	terrorist organization, the person commits or conspires to commit
287	287	one or more of the following:
288	288	(1) murder, capital murder, arson, aggravated
289	289	robbery, robbery, burglary, theft, aggravated kidnapping,
290	290	kidnapping, aggravated assault, aggravated sexual assault, sexual
291	291	assault, continuous sexual abuse of young child or disabled
292	292	individual, solicitation of a minor, forgery, deadly conduct,
293	293	assault punishable as a Class A misdemeanor, burglary of a motor
294	294	vehicle, or unauthorized use of a motor vehicle;
295	295	(2) any gambling offense punishable as a Class A
296	296	misdemeanor;
297	297	(3) promotion of prostitution, aggravated promotion
298	298	of prostitution, or compelling prostitution;
299	299	(4) unlawful manufacture, transportation, repair, or
300	300	sale of firearms or prohibited weapons;
301	301	(5) unlawful manufacture, delivery, dispensation, or
302	302	distribution of a controlled substance or dangerous drug, or
303	303	unlawful possession of a controlled substance or dangerous drug:
304	304	(A) through forgery, fraud, misrepresentation,
305	305	or deception; or
306	306	(B) with the intent to deliver the controlled
307	307	substance or dangerous drug;
308	308	(5-a) causing the unlawful delivery, dispensation, or
309	309	distribution of a controlled substance or dangerous drug in
310	310	violation of Subtitle B, Title 3, Occupations Code;
311	311	(6) any unlawful wholesale promotion or possession of
312	312	any obscene material or obscene device with the intent to wholesale
313	313	promote the same;
314	314	(7) any offense under Subchapter B, Chapter 43,
315	315	depicting or involving conduct by or directed toward a child
316	316	younger than 18 years of age;
317	317	(8) any felony offense under Chapter 32;
318	318	(9) any offense under Chapter 36;
319	319	(10) any offense under Chapter 34, 35, or 35A;
320	320	(11) any offense under Section 37.11(a);
321	321	(12) any offense under Chapter 20A;
322	322	(13) any offense under Section 37.10;
323	323	(14) any offense under Section 38.06, 38.07, 38.09, or
324	324	38.11;
325	325	(15) any offense under Section 42.10;
326	326	(16) any offense under Section 46.06(a)(1) or 46.14;
327	327	(17) any offense under Section 20.05, [or] 20.06, or
328	328	20.07;
329	329	(18) any offense under Section 16.02; or
330	330	(19) any offense classified as a felony under the Tax
331	331	Code.
332	332	(b) Except as provided in Subsections (c), [and] (d), and
333	333	(e), an offense under this section is one category higher than the
334	334	most serious offense listed in Subsection (a) that was committed,
335	335	and if the most serious offense is a Class A misdemeanor, the
336	336	offense is a state jail felony, except that the offense is a felony
337	337	of the first degree punishable by imprisonment in the Texas
338	338	Department of Criminal Justice for:
339	339	(1) life without parole, if the most serious offense
340	340	is an aggravated sexual assault and if at the time of that offense
341	341	the defendant is 18 years of age or older and:
342	342	(A) the victim of the offense is younger than six
343	343	years of age;
344	344	(B) the victim of the offense is younger than 14
345	345	years of age and the actor commits the offense in a manner described
346	346	by Section 22.021(a)(2)(A); or
347	347	(C) the victim of the offense is younger than 17
348	348	years of age and suffered serious bodily injury as a result of the
349	349	offense;
350	350	(2) life or for any term of not more than 99 years or
351	351	less than 30 years if the most serious offense is an offense under
352	352	Section 20.06 that is punishable under Subsection (g) of that
353	353	section; or
354	354	(3) life or for any term of not more than 99 years or
355	355	less than 15 years if the most serious offense is an offense
356	356	punishable as a felony of the first degree, other than an offense
357	357	described by Subdivision (1) or (2).
358	358	(c) Notwithstanding Section 15.02(d), a conspiracy
359	359	[Conspiring] to commit an offense under this section is punishable
360	360	in [is of] the same manner as an offense under this section [degree
361	361	as the most serious offense listed in Subsection (a) that the person
362	362	conspired to commit].
363	363	(d) At the punishment stage of a trial, the defendant may
364	364	raise the issue as to whether in voluntary and complete
365	365	renunciation of the offense he withdrew from the combination before
366	366	commission of an offense listed in Subsection (a) and made
367	367	substantial effort to prevent the commission of the offense. If
368	368	the defendant proves the issue in the affirmative by a
369	369	preponderance of the evidence the offense is the same category of
370	370	offense as the most serious offense listed in Subsection (a) that is
371	371	committed[, unless the defendant is convicted of conspiring to
372	372	commit the offense, in which event the offense is one category lower
373	373	than the most serious offense that the defendant conspired to
374	374	commit].
375	375	(e) An offense that is punishable as a second degree felony
376	376	or as any lower category of offense under Subsection (b) is one
377	377	additional category higher than the category listed under
378	378	Subsection (b) if the person used or exhibited a deadly weapon
379	379	during the commission of one or more of the offenses listed under
380	380	Subsection (a) and if an offense is punishable as a Class A
381	381	misdemeanor under Subsection (b), the offense is a state jail
382	382	felony.
383	383	SECTION 20. The heading to Section 71.022, Penal Code, is
384	384	amended to read as follows:
385	385	Sec. 71.022. COERCING, INDUCING, OR SOLICITING MEMBERSHIP
386	386	IN A CRIMINAL STREET GANG OR FOREIGN TERRORIST ORGANIZATION.
387	387	SECTION 21. Sections 71.022(a) and (a-1), Penal Code, are
388	388	amended to read as follows:
389	389	(a) A person commits an offense if the person knowingly
390	390	causes, enables, encourages, recruits, or solicits another person
391	391	to become a member of a criminal street gang or foreign terrorist
392	392	organization which, as a condition of initiation, admission,
393	393	membership, or continued membership, requires the commission of any
394	394	conduct which constitutes an offense punishable as a Class A
395	395	misdemeanor or a felony.
396	396	(a-1) A person commits an offense if, with intent to coerce,
397	397	induce, or solicit a child to actively participate in the
398	398	activities of a criminal street gang or foreign terrorist
399	399	organization, the person:
400	400	(1) threatens the child or a member of the child's
401	401	family with imminent bodily injury; or
402	402	(2) causes bodily injury to the child or a member of
403	403	the child's family.
404	404	SECTION 22. Section 71.023, Penal Code, is amended to read
405	405	as follows:
406	406	Sec. 71.023. DIRECTING ACTIVITIES OF CRIMINAL STREET GANGS
407	407	OR FOREIGN TERRORIST ORGANIZATIONS. (a) A person commits an
408	408	offense if the person, as part of the identifiable leadership of a
409	409	criminal street gang or foreign terrorist organization, knowingly
410	410	finances, directs, or supervises the commission of, or a conspiracy
411	411	to commit, one or more of the following offenses by members of a
412	412	criminal street gang or foreign terrorist organization:
413	413	(1) a felony offense that is listed in Article
414	414	42A.054(a), Code of Criminal Procedure;
415	415	(2) a felony offense for which it is shown that a
416	416	deadly weapon, as defined by Section 1.07, was used or exhibited
417	417	during the commission of the offense or during immediate flight
418	418	from the commission of the offense; or
419	419	(3) an offense that is punishable under Section
420	420	481.112(e) or (f), 481.1121(b)(4), 481.1123(d), (e), or (f),
421	421	481.115(f), or 481.120(b)(6), Health and Safety Code.
422	422	(b) An offense under this section is a felony of the first
423	423	degree punishable by imprisonment in the Texas Department of
424	424	Criminal Justice for life or for any term of not more than 99 years
425	425	or less than 25 years.
426	426	SECTION 23. Chapter 125, Civil Practice and Remedies Code,
427	427	as amended by this Act, applies only to an action commenced on or
428	428	after the effective date of this Act. An action commenced before the
429	429	effective date of this Act is governed by the law as it existed
430	430	immediately before the effective date of this Act, and that law is
431	431	continued in effect for that purpose.
432	432	SECTION 24. Chapter 71, Penal Code, as amended by this Act,
433	433	applies only to an offense committed on or after the effective date
434	434	of this Act. An offense committed before the effective date of this
435	435	Act is governed by the law in effect on the date the offense was
436	436	committed, and the former law is continued in effect for that
437	437	purpose. For purposes of this section, an offense was committed
438	438	before the effective date of this Act if any element of the offense
439	439	occurred before that date.
440	440	SECTION 25. This Act takes effect September 1, 2023.
441	441	______________________________ ______________________________
442	442	President of the Senate Speaker of the House
443	443	I hereby certify that S.B. No. 1900 passed the Senate on
444	444	April 12, 2023, by the following vote: Yeas 29, Nays 2; and that
445	445	the Senate concurred in House amendments on May 25, 2023, by the
446	446	following vote: Yeas 30, Nays 1.
447	447	______________________________
448	448	Secretary of the Senate
449	449	I hereby certify that S.B. No. 1900 passed the House, with
450	450	amendments, on May 22, 2023, by the following vote: Yeas 93,
451	451	Nays 51, one present not voting.
452	452	______________________________
453	453	Chief Clerk of the House
454	454	Approved:
455	455	______________________________
456	456	Date
457	457	______________________________
458	458	Governor