SRC-SLL S.B. 1834 75(R)   BILL ANALYSIS


Senate Research Center   S.B. 1834
By: Shapiro
Criminal Justice
4-15-97
As Filed


DIGEST 

Currently, the Texas anti-money laundering provisions in the Penal Code do
not allow aggregation of laundered funds.  This means a criminal can
launder criminal proceeds in several small increments and never commit an
offense more serious than a third degree felony, despite the fact that the
individual may have laundered millions in illegal profits during the
course of the individual's criminal career.  The current system also
results in multiple trials which are expensive and further clog Texas
court dockets.  This bill will authorize aggregation of illegal proceeds
in determining the seriousness of an offense. 

PURPOSE

As proposed, S.B. 1834 authorizes aggregation of illegal proceeds in
determining the seriousness of an offense. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 34.01, Penal Code, to redefine "proceeds" to
include funds whose aggregate nature have been altered or concealed by
criminal activity. 

SECTION 2. Amends Section 34.02, Penal Code, to authorize conduct to be
considered as one offense and the amounts aggregated in determining the
grade of the offense when proceeds, whether the same or similar sources,
are obtained pursuant to one scheme or a continuing course of conduct. 

SECTION 3.   Severability clause.

SECTION 4. Effective date: September 1, 1997.

SECTION 5. Emergency clause.