By:  De La Garza, Gallegos                              H.B. No. 57
       73R1115 DRH-F
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the definition of a criminal street gang for purposes
    1-3  of prosecution.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Section 71.01(d), Penal Code, is amended to read
    1-6  as follows:
    1-7        (d)  "Criminal street gang" means an ongoing organization,
    1-8  association, or group of three or more persons having a common
    1-9  identifying sign or symbol or an identifiable leadership that has
   1-10  as one of its primary activities the commission of one or more
   1-11  offenses set out by the following provisions:
   1-12              (1)  under this code:
   1-13                    (A)  Section 19.02 (Murder);
   1-14                    (B)  Section 19.03 (Capital Murder);
   1-15                    (C)  Section 19.05 (Involuntary Manslaughter);
   1-16                    (D)  Section 22.01 (Assault);
   1-17                    (E)  Section 22.02 (Aggravated Assault);
   1-18                    (F)  Section 28.02 (Arson);
   1-19                    (G)  Section 28.03 (Criminal Mischief);
   1-20                    (H)  Section 29.02 (Robbery);
   1-21                    (I)  Section 29.03 (Aggravated Robbery);
   1-22                    (J)  Section 31.07 (Unauthorized Use of a
   1-23  Vehicle);
   1-24                    (K)  Section 36.05 (Tampering with a Witness); or
    2-1                    (L)  Section 36.06 (Retaliation); and
    2-2              (2)  under the Health and Safety Code:
    2-3                    (A)  Section 481.112 (Manufacture or Delivery of
    2-4  Substance in Penalty Group 1);
    2-5                    (B)  Section 481.113 (Manufacture or Delivery of
    2-6  Substance in Penalty Group 2);
    2-7                    (C)  Section 481.114 (Manufacture or Delivery of
    2-8  Substance in Penalty Group 3 or 4);
    2-9                    (D)  Section 481.115 (Possession of Substance in
   2-10  Penalty Group 1);
   2-11                    (E)  Section 481.116 (Possession of Substance in
   2-12  Penalty Group 2);
   2-13                    (F)  Section 481.117 (Possession of Substance in
   2-14  Penalty Group 3);
   2-15                    (G)  Section 481.118 (Possession of Substance in
   2-16  Penalty Group 4);
   2-17                    (H)  Section 481.119 (Manufacture, Delivery, or
   2-18  Possession of Miscellaneous Substances);
   2-19                    (I)  Section 481.120 (Delivery of Marihuana);
   2-20                    (J)  Section 481.121 (Possession of Marihuana);
   2-21  or
   2-22                    (K)  Section 481.123 (Delivery, Manufacture, or
   2-23  Possession of Controlled Substance Analogue) <who continuously or
   2-24  regularly associate in the commission of criminal activities>.
   2-25        SECTION 2.  (a)  The change in law made by this Act applies
   2-26  only to an offense committed on or after the effective date of this
   2-27  Act.  For purposes of this section, an offense is committed before
    3-1  the effective date of this Act if any element of the offense occurs
    3-2  before that date.
    3-3        (b)  An offense committed before the effective date of this
    3-4  Act is governed by the law in effect when the offense was
    3-5  committed, and the former law is continued in effect for this
    3-6  purpose.
    3-7        SECTION 3.  This Act takes effect September 1, 1993.
    3-8        SECTION 4.  The importance of this legislation and the
    3-9  crowded condition of the calendars in both houses create an
   3-10  emergency   and   an   imperative   public   necessity   that   the
   3-11  constitutional rule requiring bills to be read on three several
   3-12  days in each house be suspended, and this rule is hereby suspended.