BILL ANALYSIS S.B. 294 By: Moncrief (Carter) 05-04-95 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, acting alone, could have been prosecuted under this statute prior to September 1, 1994, 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, 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 SB 294 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 to apply the enhanced penalty provisions. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency or institution. 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 under this Chapter with its enhanced penalties of individual gang members for one or more of the crimes listed. SECTION 3. Amends and reenacts Section 125.001, Civil Practice and Remedies Code, to delete language referring to Section 42.015 of the Penal Code relating to the reckless discharge of a firearm. SECTION 4. Amends and reenacts Section 125.004(b), Civil Practice and Remedies Code, delete language referring to Section 42.015 of the Penal Code relating to the reckless discharge of a firearm. SECTION 5. Reenacts Section 125.004(g), Civil Practice and Remedies Code. SECTION 6. Amends and reenacts Section 125.021, Civil Practices and Remedies Code to delete language referring to Section 42.015 of the Penal Code relating to the reckless discharge of a firearm. SECTION 7. Amends and reenacts Section 125.041, Civil Practice and Remedies Code, to delete language referring to Section 42.015 of the Penal Code relating to the reckless discharge of a firearm. SECTION 8. Reenacts the heading of Chapter 125D, Civil Practice and Remedies Code, as follows: SUBCHAPTER D. MEMBERSHIP IN CRIMINAL STREET GANG SECTION 9. Reenacts Section 125.061, Civil Practice and Remedies Code, to define "combination" and "criminal street gang". SECTION 10. Reenacts Section 125.062, Civil Practice and Remedies Code, entitled: Sec. 125.062. PUBLIC NUISANCE; COMBINATION OR CRIMINAL STREET GANG. SECTION 11. Reenacts Section 125.064(b), Civil Practice and Remedies Code. SECTION 12. Reenacts Section 125.065(a), Civil Practice and Remedies Code. SECTION 13. Reenacts Section 125.069, Civil Practice and Remedies Code, entitled: Sec. 125.069. USE OF PLACE; EVIDENCE. SECTION 14. Effective date: September 1, 1995. Makes application of this Act prospective. SECTION 15. Emergency clause. SUMMARY OF COMMITTEE ACTION S.B. 294 was considered in a public hearing on April 26, 1995. No one testified in favor of, against or neutrally on the bill. S.B. 294 was reported favorably without amendment with the recommendation that it do pass and be printed by a record vote of 8 ayes, 0 nays, 0 pnv, 1 absent.