By: De La Garza H.B. No. 15
73R1108 GWK-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the prosecution of the offense of engaging in organized
1-3 criminal activity.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 71.03, Penal Code, is amended to read as
1-6 follows:
1-7 Sec. 71.03. Defenses Excluded. It is no defense to
1-8 prosecution under Section 71.02 of this code that:
1-9 (1) one or more members of the combination are not
1-10 criminally responsible for the object offense;
1-11 (2) one or more members of the combination have been
1-12 acquitted, have not been prosecuted or convicted, have been
1-13 convicted of a different offense, or are immune from prosecution;
1-14 (3) a person has been charged with, acquitted, or
1-15 convicted of any offense listed in Subsection (a) of Section 71.02
1-16 of this code; or
1-17 (4) once the initial combination of three <five> or
1-18 more persons is formed there is a change in the number or identity
1-19 of persons in the combination as long as two or more persons remain
1-20 in the combination and are involved in a continuing course of
1-21 conduct constituting an offense under this chapter.
1-22 SECTION 2. (a) The change in law made by this Act applies
1-23 only to an offense committed on or after the effective date of this
1-24 Act. For purposes of this section, an offense is committed before
2-1 the effective date of this Act if any element of the offense occurs
2-2 before the effective date.
2-3 (b) An offense committed before the effective date of this
2-4 Act is covered by the law in effect when the offense was committed,
2-5 and the former law is continued in effect for this purpose.
2-6 SECTION 3. This Act takes effect September 1, 1993.
2-7 SECTION 4. The importance of this legislation and the
2-8 crowded condition of the calendars in both houses create an
2-9 emergency and an imperative public necessity that the
2-10 constitutional rule requiring bills to be read on three several
2-11 days in each house be suspended, and this rule is hereby suspended.