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.