By: Whitmire S.B. No. 187
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.