HBA-KMH S.B. 1579 76(R) BILL ANALYSIS Office of House Bill AnalysisS.B. 1579 By: West Criminal Jurisprudence 5/10/1999 Engrossed BACKGROUND AND PURPOSE Currently, local law enforcement agencies and Texas correctional personnel report a rising trend in the number of prison gangs who are recruiting members outside of the once-traditional prison environment. Older criminal gang members oftentimes recruit younger children to further the criminal activities of the gang in order to insulate themselves from prosecution. S.B. 1579 creates an offense for soliciting membership in 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 71, Penal Code, by adding Section 71.022, as follows: Sec. 71.022. SOLICITING MEMBERSHIP IN A CRIMINAL STREET GANG. (a) Provides that a person commits an offense if the person knowingly causes, enables, encourages, recruits, or solicits another person to become a member of a criminal street gang, and as a condition for initiation or membership, requires the commission of any conduct which constitutes an offense under this code or other law. (b) Provides that a Class A misdemeanor or felony offense under this section is a felony of the third degree, except as provided by Subsection (c). (c) Provides that a second or subsequent offense under this section is a felony of the second degree. SECTION 2. Effective date: September 1, 1999. SECTION 3. Emergency clause.