SRC-DPW S.B. 1579 76(R) BILL ANALYSIS Senate Research Center S.B. 1579 By: West Criminal Justice 4/6/1999 As Filed DIGEST 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. This bill creates a new offense if a person knowingly causes, encourages, recruits, or solicits another person to become a member of a criminal street gang, and as a condition of initiation or membership, requires the commission of any conduct which constitutes a felony. PURPOSE As proposed, S.B. 1579 creates an offense for soliciting membership in a criminal street gang. 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 Chapter 71, Penal Code, by adding Section 71.022, as follows: Sec. 71.022. SOLICITING MEMBERSHIP IN A CRIMINAL STREET GANG. 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. Provides that an offense under this section is a felony of the third degree. 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.