BILL ANALYSIS


                                                         S.B. 294
                                                     By: Moncrief
                                                 Criminal Justice
                                                          4- 6-95
                                     Committee Report (Unamended)
BACKGROUND

Section 71.02 of the Texas Penal Code entitled "Engaging in
Organized Criminal Activity" prior to September 1, 1994, enhanced
the penalties for certain crimes to the next highest category when
committed by members of "combinations" or criminal street gangs. 
An individual, acting alone, as a member of a criminal street gang,
could have been prosecuted under this statute prior to September 1,
1994 for the commission of a listed offense.  Currently, for a
prosecution to occur under the current version of 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 deleted from Section 71.01.  This prevents the prosecution
under Chapter 71, of one or two gang members who commit any of the
listed offenses, and forces law enforcement to prove collaboration
between three or more persons in order to justify prosecution under
this chapter.

PURPOSE

As proposed, S.B. 294 defines "criminal street gang" and includes
gang members in penalties for conspiracy.

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 provide that a
person commits an offense if, with the intent to establish,
maintain, or participate in a combination or as a member of a
criminal street gang, the person commits certain crimes.

SECTION 3. Effective date: September 1, 1995.
           Makes application of this Act prospective.

SECTION 4. Emergency clause.