BILL ANALYSIS

 

 

                                                                                                                                      C.S.H.B. 184

                                                                                                                                      By: Hochberg

                                                                                                                       Criminal Jurisprudence

                                                                                                        Committee Report (Substituted)

 

 

 

BACKGROUND AND PURPOSE

 

Currently, there is a loophole in the Penal Code which hinders the prosecution of gang members who commit assault as part of a gang initiation rite.  C.S.H.B. 184 would close this loophole and  eliminate a consent as a defense against assault in initiation rites or other criminal street gang activities.

 

RULEMAKING AUTHORITY

 

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution. 

 

ANALYSIS

 

C.S.H.B. 184 amends the Penal Code and provides that it is not a defense to prosecution for defendants who had either the victim's effective consent or the reasonable belief that the victim consented to the defendant's conduct if the defendant committed certain assaultive offenses as a condition of the defendant's or the victim's initiation or continued membership in a criminal street gang.   

 

EFFECTIVE DATE

 

September 1, 2007.

 

COMPARISON OF ORIGINAL TO SUBSTITUTE

 

The committee substitute is a Texas Legislative Council draft; whereas, the original bill as filed was not.  The substitute does not make any substantive changes.