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.