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. (a) This Act takes effect September 1, 1995. 2-19 (b) The change in law made by this Act applies only to an 2-20 offense committee on or after the effective date of this Act. For 2-21 purposes of this section, an offense is committed before the 2-22 effective date of this Act if any element of the offense occurs 2-23 before the effective date. 2-24 (c) An offense committed before the effective date of this 2-25 Act is covered by the law in effect when the offense was committed, 3-1 and the former law is continued in effect for that purpose. 3-2 SECTION 4. The importance of this legislation and the 3-3 crowded condition of the calendars in both houses create an 3-4 emergency and an imperative public necessity that the 3-5 constitutional rule requiring bills to be read on three several 3-6 days in each house be suspended, and this rule is hereby suspended.