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78R8578 T
By: Uresti H.B. No. 2538
A BILL TO BE ENTITLED
AN ACT
relating to activity of a criminal street gang that constitutes a
public nuisance.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 125.061, Civil Practice and Remedies
Code, is amended to read as follows:
Sec. 125.061. DEFINITIONS. In this subchapter:
(1) "Combination"[, "combination"] and "criminal
street gang" have the meanings assigned by Section 71.01, Penal
Code.
(2) "Continuously or regularly" means occurring five
or more times in a period of not more than six months.
(3) "Gang activities" means conduct:
(A) described by:
(i) Section 71.02, Penal Code (organized
criminal activity);
(ii) Section 22.07, Penal Code (terroristic
threat);
(iii) Section 22.015, Penal Code (coercing,
soliciting, or inducing gang membership);
(iv) Section 30.05, Penal Code (criminal
trespass); or
(v) Section 42.01, Penal Code (disorderly
conduct);
(B) described by Section 28.03, Penal Code
(criminal mischief), and causing pecuniary loss of $500 or more;
(C) described by Section 28.08, Penal Code
(graffiti), and:
(i) causing pecuniary loss of $500 or more;
or
(ii) occurring on a school, an institution
of higher learning, a place of worship or human burial, a public
monument, or a community center that provides medical, social, or
educational programs;
(D) that is an offense under Chapter 46, Penal
Code (weapons); or
(E) that is the unlawful possession of a
substance or item the possession of which is an offense under
Chapter 481, Health and Safety Code.
SECTION 2. Section 125.062, Civil Practice and Remedies
Code, is amended to read as follows:
Sec. 125.062. PUBLIC NUISANCE; COMBINATION. A combination
or criminal street gang that continuously or regularly associates
in gang [organized criminal] activities [as described by Section
71.02, Penal Code,] is a public nuisance.
SECTION 3. Section 125.063, Civil Practice and Remedies
Code, is amended to read as follows:
Sec. 125.063. PUBLIC NUISANCE; USE OF PLACE. The habitual
use of a place by a combination or criminal street gang for engaging
in gang [organized criminal] activity [as described by Section
71.02, Penal Code,] is a public nuisance.
SECTION 4. Section 125.064(b), Civil Practice and Remedies
Code, is amended to read as follows:
(b) Any person who habitually associates with others to
engage in gang [organized criminal] activity as a member of a
combination or criminal street gang may be made a defendant in the
suit. Any person who owns or is responsible for maintaining a place
that is habitually used for engaging in gang [organized criminal]
activity [as described by Section 71.02, Penal Code,] may be made a
defendant in the suit.
SECTION 5. Section 125.065, Civil Practice and Remedies
Code, is amended to read as follows:
Sec. 125.065. COURT ORDER. (a) If the court finds that a
combination or criminal street gang constitutes a public nuisance,
the court may enter an order:
(1) enjoining a defendant in the suit from engaging in
the gang [organized criminal] activities of the combination or
gang; and
(2) imposing other reasonable requirements to prevent
the combination or gang from engaging in future gang activities.
(b) If the court finds that a place is habitually used in a
manner that constitutes a public nuisance, the court may include in
its order reasonable requirements to prevent the use of the place
for gang [organized criminal] activity.
SECTION 6. Section 125.069, Civil Practice and Remedies
Code, is amended to read as follows:
Sec. 125.069. USE OF PLACE; EVIDENCE. In an action brought
under this subchapter, proof that gang [organized criminal]
activity by a member of a combination or a criminal street gang [as
described by Section 71.02, Penal Code,] is frequently committed at
a place or proof that a place is frequently used for engaging in
gang [organized criminal] activity by a member of a combination or a
criminal street gang [as described by Section 71.02, Penal Code,]
is prima facie evidence that the proprietor knowingly permitted the
act, unless[,] the act constitutes conspiring to commit gang
activity [an offense as described by Section 71.02].
SECTION 7. (a) This Act takes effect September 1, 2003.
(b) The change in law made by this Act applies only to a
cause of action that accrues on or after the effective date of this
Act. A cause of action that accrues before the effective date of
this Act is governed by the law in effect immediately before the
effective date of this Act, and that law is continued in effect for
that purpose.