By: De La Garza H.B. No. 18
73R1109 GWK-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the renunciation defense to the prosecution of the
1-3 offense of engaging in organized criminal activity.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Sections 71.05(a) and (c), Penal Code, are
1-6 amended to read as follows:
1-7 (a) It is an affirmative defense to prosecution under
1-8 Section 71.02 of this code that under circumstances manifesting a
1-9 voluntary and complete renunciation of his criminal objective the
1-10 actor withdrew from the combination before commission of an offense
1-11 listed in Subdivisions (1) through (9) <(7)> of Subsection (a) of
1-12 Section 71.02 of this code and took further affirmative action that
1-13 prevented the commission of the offense.
1-14 (c) Evidence that the defendant withdrew from the
1-15 combination before commission of an offense listed in Subdivisions
1-16 (1) through (9) <(7)> of Subsection (a) of Section 71.02 of this
1-17 code and made substantial effort to prevent the commission of an
1-18 offense listed in Subdivisions (1) through (9) <(7)> of Subsection
1-19 (a) of Section 71.02 of this code shall be admissible as mitigation
1-20 at the hearing on punishment if he has been found guilty under
1-21 Section 71.02 of this code, and in the event of a finding of
1-22 renunciation under this subsection, the punishment shall be one
1-23 grade lower than that provided under Section 71.02 of this code.
1-24 SECTION 2. (a) The change in the law made by this Act
2-1 applies only to an offense committed on or after the effective date
2-2 of this Act. For purposes of this section, an offense is committed
2-3 before the effective date of this Act if any element of the offense
2-4 occurs before the effective date.
2-5 (b) An offense committed before the effective date of this
2-6 Act is covered by the law in effect when the offense was committed,
2-7 and the former law is continued in effect for this purpose.
2-8 SECTION 3. This Act takes effect September 1, 1993.
2-9 SECTION 4. The importance of this legislation and the
2-10 crowded condition of the calendars in both houses create an
2-11 emergency and an imperative public necessity that the
2-12 constitutional rule requiring bills to be read on three several
2-13 days in each house be suspended, and this rule is hereby suspended.