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.