| 1 | 1 | | By: Lozano H.B. No. 67 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to the prosecution of organized criminal activity |
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| 7 | 7 | | involving a controlled substance or dangerous drug. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Section 71.02(a), Penal Code, is amended to read |
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| 10 | 10 | | as follows: |
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| 11 | 11 | | (a) A person commits an offense if, with the intent to |
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| 12 | 12 | | establish, maintain, or participate in a combination or in the |
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| 13 | 13 | | profits of a combination or as a member of a criminal street gang, |
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| 14 | 14 | | the person commits or conspires to commit one or more of the |
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| 15 | 15 | | following: |
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| 16 | 16 | | (1) murder, capital murder, arson, aggravated |
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| 17 | 17 | | robbery, robbery, burglary, theft, aggravated kidnapping, |
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| 18 | 18 | | kidnapping, aggravated assault, aggravated sexual assault, sexual |
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| 19 | 19 | | assault, continuous sexual abuse of young child or children, |
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| 20 | 20 | | solicitation of a minor, forgery, deadly conduct, assault |
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| 21 | 21 | | punishable as a Class A misdemeanor, burglary of a motor vehicle, or |
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| 22 | 22 | | unauthorized use of a motor vehicle; |
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| 23 | 23 | | (2) any gambling offense punishable as a Class A |
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| 24 | 24 | | misdemeanor; |
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| 25 | 25 | | (3) promotion of prostitution, aggravated promotion |
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| 26 | 26 | | of prostitution, or compelling prostitution; |
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| 27 | 27 | | (4) unlawful manufacture, transportation, repair, or |
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| 28 | 28 | | sale of firearms or prohibited weapons; |
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| 29 | 29 | | (5) unlawful manufacture, delivery, dispensation, or |
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| 30 | 30 | | distribution of a controlled substance or dangerous drug[,] or |
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| 31 | 31 | | unlawful possession of a controlled substance or dangerous drug: |
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| 32 | 32 | | (A) through forgery, fraud, misrepresentation, |
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| 33 | 33 | | or deception; or |
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| 34 | 34 | | (B) with the intent to deliver the controlled |
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| 35 | 35 | | substance or dangerous drug; |
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| 36 | 36 | | (5-a) causing the unlawful delivery, dispensation, or |
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| 37 | 37 | | distribution of a controlled substance or dangerous drug in |
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| 38 | 38 | | violation of Subtitle B, Title 3, Occupations Code; |
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| 39 | 39 | | (6) any unlawful wholesale promotion or possession of |
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| 40 | 40 | | any obscene material or obscene device with the intent to wholesale |
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| 41 | 41 | | promote the same; |
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| 42 | 42 | | (7) any offense under Subchapter B, Chapter 43, |
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| 43 | 43 | | depicting or involving conduct by or directed toward a child |
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| 44 | 44 | | younger than 18 years of age; |
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| 45 | 45 | | (8) any felony offense under Chapter 32; |
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| 46 | 46 | | (9) any offense under Chapter 36; |
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| 47 | 47 | | (10) any offense under Chapter 34, 35, or 35A; |
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| 48 | 48 | | (11) any offense under Section 37.11(a); |
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| 49 | 49 | | (12) any offense under Chapter 20A; |
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| 50 | 50 | | (13) any offense under Section 37.10; |
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| 51 | 51 | | (14) any offense under Section 38.06, 38.07, 38.09, or |
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| 52 | 52 | | 38.11; |
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| 53 | 53 | | (15) any offense under Section 42.10; |
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| 54 | 54 | | (16) any offense under Section 46.06(a)(1) or 46.14; |
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| 55 | 55 | | (17) any offense under Section 20.05 or 20.06; |
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| 56 | 56 | | (18) any offense under Section 16.02; or |
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| 57 | 57 | | (19) any offense classified as a felony under the Tax |
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| 58 | 58 | | Code. |
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| 59 | 59 | | SECTION 2. The change in law made by this Act applies only |
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| 60 | 60 | | to an offense committed on or after the effective date of this Act. |
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| 61 | 61 | | An offense committed before the effective date of this Act is |
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| 62 | 62 | | governed by the law in effect on the date the offense was committed, |
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| 63 | 63 | | and the former law is continued in effect for that purpose. For |
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| 64 | 64 | | purposes of this section, an offense was committed before the |
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| 65 | 65 | | effective date of this Act if any element of the offense was |
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| 66 | 66 | | committed before that date. |
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| 67 | 67 | | SECTION 3. This Act takes effect January 1, 2024. |
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