Texas House Bill HB3877

Texas 2025 - 89th Regular

• Filed: 3/5/25

Caption

Relating to creating the criminal offense of criminal pursuit.

Impact

This legislation aims to address the growing concern of gang-related crime and the use of organized tactics for committing offenses. By explicitly defining the offense of criminal pursuit, the bill seeks to empower law enforcement with additional tools to combat gang activity and related crimes, while also providing a clear framework for prosecution. The establishment of this offense may influence prosecutorial practices and law enforcement strategies as they respond to gang-related threats in communities across Texas.

Summary

House Bill 3877 proposes the creation of a new criminal offense known as 'criminal pursuit', which specifically targets individuals who engage in certain behaviors indicative of criminal intent. Under this bill, a person commits the offense if they knowingly travel along a path taken by another person, are affiliated with a criminal street gang, and possess two or more criminal instruments with the intent to commit theft or other felonies under Texas law. The offense is classified as a third-degree felony, which reflects the state's effort to enhance penalties for gang-related activity and serious criminal behavior.

Contention

One of the notable points of potential contention could revolve around concerns about the scope and implications of the 'criminal pursuit' offense. Lawmakers and advocacy groups may debate whether the criteria set forth in the bill are too broad, potentially criminalizing individuals who are merely in proximity to others without necessarily engaging in criminal behavior. Critics may argue that this could lead to profiling or misuse of the law against innocent individuals who find themselves inadvertently caught up in law enforcement actions. Defining the term 'criminal instruments' may also lead to interpretations that could vary in enforcement, raising questions about the balance between safety and individual rights.

Texas Constitutional Statutes Affected

Penal Code

• Chapter 15. Preparatory Offenses
  • Section: New Section

Finance Code

• Chapter 201. General Provisions
  • Section: New Section