SRC-DPW S.B. 1579 76(R)BILL ANALYSIS


Senate Research CenterS.B. 1579
By: West
Criminal Justice
4/9/1999
Committee Report (Amended)


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 a Class A or
felony 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.



SUMMARY OF COMMITTEE CHANGES

SECTION 1. 

Amends Section 71.022, Penal Code, to provide 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 a Class A or felony offense.