By: Moncrief S.B. No. 294
A BILL TO BE ENTITLED
AN ACT
1-1 relating to certain offenses involving combinations or criminal
1-2 street gangs.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 71.01, Penal Code, is amended by adding
1-5 Subsection (d) to read as follows:
1-6 (d) "Criminal street gang" means three or more persons
1-7 having a common identifying sign or symbol or an identifiable
1-8 leadership who continuously or regularly associate in the
1-9 commission of criminal activities.
1-10 SECTION 2. Subsection (a), Section 71.02, Penal Code, is
1-11 amended to read as follows:
1-12 (a) A person commits an offense if, with the intent to
1-13 establish, maintain, or participate in a combination or in the
1-14 profits of a combination or as a member of a criminal street gang,
1-15 he commits or conspires to commit one or more of the following:
1-16 (1) murder, capital murder, arson, aggravated robbery,
1-17 robbery, burglary, theft, aggravated kidnapping, kidnapping,
1-18 aggravated assault, aggravated sexual assault, sexual assault,
1-19 forgery, deadly conduct, assault punishable as a Class A
1-20 misdemeanor, burglary of a motor vehicle, or unauthorized use of a
1-21 motor vehicle;
1-22 (2) any gambling offense punishable as a Class A
1-23 misdemeanor;
2-1 (3) promotion of prostitution, aggravated promotion of
2-2 prostitution, or compelling prostitution;
2-3 (4) unlawful manufacture, transportation, repair, or
2-4 sale of firearms or prohibited weapons;
2-5 (5) unlawful manufacture, delivery, dispensation, or
2-6 distribution of a controlled substance or dangerous drug, or
2-7 unlawful possession of a controlled substance or dangerous drug
2-8 through forgery, fraud, misrepresentation, or deception;
2-9 (6) any unlawful wholesale promotion or possession of
2-10 any obscene material or obscene device with the intent to wholesale
2-11 promote the same;
2-12 (7) any unlawful employment, authorization, or
2-13 inducing of a child younger than 17 years of age in an obscene
2-14 sexual performance;
2-15 (8) any felony offense under Chapter 32, Penal Code;
2-16 (9) any offense under Chapter 36, Penal Code; or
2-17 (10) any offense under Chapter 34, Penal Code.
2-18 SECTION 3. Section 125.001, Civil Practice and Remedies
2-19 Code, as amended by Section 1, Chapter 968, and Section 2, Chapter
2-20 857, Acts of the 73rd Legislature, 1993, is reenacted and amended
2-21 to read as follows:
2-22 Sec. 125.001. Common Nuisance. A person who knowingly
2-23 maintains a place to which persons habitually go for the purpose of
2-24 prostitution or gambling in violation of the Penal Code, <for the
2-25 purpose of reckless discharge of a firearm as described by Section
3-1 42.015, Penal Code,> for the purpose of engaging in organized
3-2 criminal activity as a member of a combination or as a member of a
3-3 criminal street gang as described by Section 71.02, Penal Code, or
3-4 for the delivery or use of a controlled substance in violation of
3-5 Chapter 481, Health and Safety Code, maintains a common nuisance.
3-6 SECTION 4. Subsection (b), Section 125.004, Civil Practice
3-7 and Remedies Code, as amended by Section 3, Chapter 857, and
3-8 Section 2, Chapter 968, Acts of the 73rd Legislature, 1993, is
3-9 reenacted and amended to read as follows:
3-10 (b) Evidence that persons have been convicted of gambling,
3-11 committing prostitution, <reckless discharge of a firearm as
3-12 described by Section 42.015, Penal Code,> engaging in organized
3-13 criminal activity as a member of a combination or a criminal street
3-14 gang as described by Section 71.02, Penal Code, or delivering or
3-15 using a controlled substance in violation of Chapter 481, Health
3-16 and Safety Code, in the place involved is admissible to show
3-17 knowledge on the part of the defendant that the act occurred. The
3-18 originals or certified copies of the papers and judgments of those
3-19 convictions are admissible in the suit for injunction, and oral
3-20 evidence is admissible to show that the offense for which a person
3-21 was convicted was committed at the place involved.
3-22 SECTION 5. Subsection (g), Section 125.004, Civil Practice
3-23 and Remedies Code, is reenacted to read as follows:
3-24 (g) Proof that organized criminal activity by a member of a
3-25 combination or a criminal street gang as described by Section
4-1 71.02, Penal Code, is frequently committed at a place or proof that
4-2 a place is frequently used for engaging in organized criminal
4-3 activity by a member of a combination or a criminal street gang as
4-4 described by Section 71.02, Penal Code, is prima facie evidence
4-5 that the proprietor knowingly permitted the act, unless the act
4-6 constitutes conspiring to commit an offense as described by Section
4-7 71.02, Penal Code.
4-8 SECTION 6. Section 125.021, Civil Practice and Remedies
4-9 Code, as amended by Section 1, Chapter 968, and Section 2, Chapter
4-10 857, Acts of the 73rd Legislature, 1993, is reenacted and amended
4-11 to read as follows:
4-12 Sec. 125.021. Public Nuisance. The habitual use or the
4-13 threatened or contemplated habitual use of any place for any of the
4-14 following purposes is a public nuisance:
4-15 (1) gambling, gambling promotion, or communicating
4-16 gambling information prohibited by law;
4-17 (2) promotion or aggravated promotion of prostitution;
4-18 (3) compelling prostitution;
4-19 (4) commercial manufacture, commercial distribution,
4-20 or commercial exhibition of obscene material;
4-21 (5) commercial exhibition of live dances or other acts
4-22 depicting real or simulated sexual intercourse or deviate sexual
4-23 intercourse;
4-24 (6) engaging in a voluntary fight between a man and a
4-25 bull if the fight is for a thing of value or a championship, if a
5-1 thing of value is wagered on the fight, or if an admission fee for
5-2 the fight is directly or indirectly charged, as prohibited by law;
5-3 <(7) reckless discharge of a firearm as described by
5-4 Section 42.015, Penal Code; or>
5-5 (7) engaging in organized criminal activity as a
5-6 member of a combination or as a member of a criminal street gang as
5-7 described by Section 71.02, Penal Code; or
5-8 (8) delivering or using a controlled substance in
5-9 violation of Chapter 481, Health and Safety Code.
5-10 SECTION 7. Section 125.041, Civil Practice and Remedies
5-11 Code, as amended by Section 1, Chapter 968, and Section 2, Chapter
5-12 857, Acts of the 73rd Legislature, 1993, is reenacted and amended
5-13 to read as follows:
5-14 Sec. 125.041. Public Nuisance. For the purposes of this
5-15 subchapter, a public nuisance is considered to exist at a place if
5-16 one or more of the following acts occurs at that place on a regular
5-17 basis:
5-18 (1) gambling, gambling promotion, or communication of
5-19 gambling information, as prohibited by Chapter 47, Penal Code;
5-20 (2) promotion or aggravated promotion of prostitution,
5-21 as prohibited by Chapter 43, Penal Code;
5-22 (3) compelling prostitution, as prohibited by Chapter
5-23 43, Penal Code;
5-24 (4) commercial manufacture, commercial distribution,
5-25 or commercial exhibition of material that is obscene, as defined by
6-1 Section 43.21, Penal Code;
6-2 (5) commercial exhibition of a live dance or other act
6-3 in which a person engages in real or simulated sexual intercourse
6-4 or deviate sexual intercourse, as defined by Section 43.01, Penal
6-5 Code;
6-6 <(6) reckless discharge of a firearm as described by
6-7 Section 42.015, Penal Code; or>
6-8 (6) engaging in organized criminal activity as a
6-9 member of a combination or as a member of a criminal street gang as
6-10 described by Section 71.02, Penal Code; or
6-11 (7) manufacture, delivery, or use of a controlled
6-12 substance in violation of Chapter 481, Health and Safety Code.
6-13 SECTION 8. The heading for Subchapter D, Chapter 125, Civil
6-14 Practice and Remedies Code, is reenacted to read as follows:
6-15 SUBCHAPTER D. MEMBERSHIP IN CRIMINAL STREET GANG
6-16 SECTION 9. Section 125.061, Civil Practice and Remedies
6-17 Code, is reenacted to read as follows:
6-18 Sec. 125.061. DEFINITIONS. In this subchapter,
6-19 "combination" and "criminal street gang" have the meanings assigned
6-20 by Section 71.01, Penal Code.
6-21 SECTION 10. Section 125.062, Civil Practice and Remedies
6-22 Code, is reenacted to read as follows:
6-23 Sec. 125.062. Public Nuisance; Combination OR CRIMINAL
6-24 STREET GANG. A combination or criminal street gang that
6-25 continuously or regularly associates in organized criminal
7-1 activities as described by Section 71.02, Penal Code, is a public
7-2 nuisance.
7-3 SECTION 11. Subsection (b), Section 125.064, Civil Practice
7-4 and Remedies Code, is reenacted to read as follows:
7-5 (b) Any person who habitually associates with others to
7-6 engage in organized criminal activity as a member of a combination
7-7 or criminal street gang may be made a defendant in the suit. Any
7-8 person who owns or is responsible for maintaining a place that is
7-9 habitually used for engaging in organized criminal activity as
7-10 described by Section 71.02, Penal Code, may be made a defendant in
7-11 the suit.
7-12 SECTION 12. Subsection (a), Section 125.065, Civil Practice
7-13 and Remedies Code, is reenacted to read as follows:
7-14 (a) If the court finds that a combination or criminal street
7-15 gang constitutes a public nuisance, the court may enter an order
7-16 enjoining a defendant in the suit from engaging in the organized
7-17 criminal activities of the combination or gang.
7-18 SECTION 13. Section 125.069, Civil Practice and Remedies
7-19 Code, is reenacted to read as follows:
7-20 Sec. 125.069. Use of Place; Evidence. In an action brought
7-21 under this subchapter, proof that organized criminal activity by a
7-22 member of a combination or a criminal street gang as described by
7-23 Section 71.02, Penal Code, is frequently committed at a place or
7-24 proof that a place is frequently used for engaging in organized
7-25 criminal activity by a member of a combination or a criminal street
8-1 gang as described by Section 71.02, Penal Code, is prima facie
8-2 evidence that the proprietor knowingly permitted the act, unless,
8-3 the act constitutes conspiring to commit an offense as described by
8-4 Section 71.02.
8-5 SECTION 14. (a) This Act takes effect September 1, 1995.
8-6 (b) The change in law made by this Act applies only to an
8-7 offense committed on or after the effective date of this Act. For
8-8 purposes of this section, an offense is committed before the
8-9 effective date of this Act if any element of the offense occurs
8-10 before the effective date.
8-11 (c) An offense committed before the effective date of this
8-12 Act is covered by the law in effect when the offense was committed,
8-13 and the former law is continued in effect for that purpose.
8-14 SECTION 15. The importance of this legislation and the
8-15 crowded condition of the calendars in both houses create an
8-16 emergency and an imperative public necessity that the
8-17 constitutional rule requiring bills to be read on three several
8-18 days in each house be suspended, and this rule is hereby suspended.