HBA-RBT H.B. 861 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 861
By: Dukes
Criminal Jurisprudence
3/5/1999
Introduced



BACKGROUND AND PURPOSE 

Gang activity in Texas has become a serious problem.  The number of gang
members is increasing. Youths who are members of a gang commit serious and
violent offenses at a higher rate than youths who are not involved in
gangs.  H.B. 861 increases the penalties for injuring or threatening a
youth with the intention of coercing the child into joining a gang.  This
bill makes it a state jail felony to threaten a child with imminent bodily
injury and a felony of the third degree to cause bodily injury to a child
if the person acts with the intent to coerce, induce, or solicit a child to
actively participate in the activities of a criminal street gang. 
 
RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 22, Penal Code, by adding Section 22.015, as
follows: 

Sec.  22.015.  COERCING, SOLICITING, OR INDUCING GANG MEMBERSHIP. Defines
"child" and "criminal street gang."  Provides that it is a state jail
felony to threaten a child with imminent bodily injury and a felony of the
third degree to cause bodily injury to a child if the person acts with the
intent to coerce, induce, or solicit a child to actively participate in the
activities of a criminal street gang. 

SECTION 2.  Effective date: September 1, 1999.

SECTION 3.  Emergency clause.