73R5956 DRH-F By De La Garza, et al. H.B. No. 58 Substitute the following for H.B. No. 58: By De La Garza C.S.H.B. No. 58 A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the creation of the offense of compelling membership in 1-3 a criminal combination. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Chapter 71, Penal Code, is amended by adding 1-6 Section 71.06 to read as follows: 1-7 Sec. 71.06. COMPELLING MEMBERSHIP IN COMBINATION. (a) A 1-8 person commits an offense if the person knowingly causes another to 1-9 become or remain a member of a combination by: 1-10 (1) causing or threatening to cause bodily injury to 1-11 the other person or a member of the other person's family; or 1-12 (2) using any other means of unlawful persuasion. 1-13 (b) Except as provided by Subsection (c), an offense under 1-14 this section is a felony of the third degree. 1-15 (c) An offense under this section is a felony of the second 1-16 degree if the actor is 17 years of age or older and the person 1-17 becoming or remaining a member of a combination is younger than 17 1-18 years of age at the time of the offense. 1-19 (d) If conduct constituting an offense under this section 1-20 also constitutes an offense under another section of this code, the 1-21 actor may be prosecuted under either section. 1-22 (e) In this section, "family" has the meaning assigned by 1-23 Section 71.01, Family Code. 1-24 SECTION 2. This Act takes effect September 1, 1993. 2-1 SECTION 3. The importance of this legislation and the 2-2 crowded condition of the calendars in both houses create an 2-3 emergency and an imperative public necessity that the 2-4 constitutional rule requiring bills to be read on three several 2-5 days in each house be suspended, and this rule is hereby suspended.