BILL ANALYSIS



H.B. 1447
By: Carter
April 12, 1995
Committee Report (Unamended)


BACKGROUND

     Prior to September 1, 1994, Section 71.02 of the Texas Penal
Code, entitled "Engaging in Organized Criminal Activity", enhanced
the penalties for certain crimes to the next highest category when
committed by members of combinations or criminal street gangs.  An
individual, member of a criminal street gang, even if acting alone,
could have been prosecuted under this statute for the commission of
a listed offense.  The Fort Worth Police Department and the Tarrant
County District Attorney's Office routinely filed cases against
individual gang members under the Organized Crime Statute, for
which participation in a "combination" to commit a criminal act or
collaboration between three or more persons must be proved.

     The 73rd Legislature amended this law by removing "member of
a criminal street gang" from the list of those persons who may be
prosecuted under this statute.  The definition of a criminal street
gang was also deleted from Section 71.01 "Definitions".  This
prevents the prosecution under Chapter 71, of one or two gang
members who commit any of the listed offenses such as a drive-by
shooting, or other gang-related criminal activity and places the
burden on local law enforcement to prove collaboration between
three or more persons in order to justify prosecution under this
Chapter with its enhanced penalties.

PURPOSE

     HB 1447 amends the Penal Code to restore the definition and
usage of the term "criminal street gang" into Chapter 71 "Engaging
in Organized Criminal Activity".  This will enable law enforcement
to prosecute known gang members for offenses committed and listed
under this section and apply the enhanced penalty provisions.

RULEMAKING AUTHORITY

     It is the committee's opinion that this bill does not grant
any additional rulemaking authority to a state officer,
institution, or agency.

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 71.01, Penal Code, by adding Subsection
(d) to define "criminal street gang".

SECTION 2.  Amends Section 71.02(a), Penal Code, to add the
language "or as a member of a criminal street gang" to allow for
prosecution of individual gang members for one or more of the
crimes listed under this Chapter with its enhanced penalties. 
Makes conforming changes.

SECTION 3.  Makes the application of this Act prospective.

SECTION 4.  Effective date:  September 1, 1995.

SECTION 5.  Emergency clause.

SUMMARY OF COMMITTEE ACTION

H.B. 1447 was considered in a public hearing on 5 April 1995.

The following persons testified in favor of the bill:
     Bobbie Villareal, representing Tarrant County District
Attorney Tim Curry;
     Det. Jim Houck, Ft. Worth Police Department.

The committee reported the bill favorably without amendment with
the recommendation that it do pass and be printed by a vote of 7
ayes, 0 nays, 0 pnv and 2 absent.