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A BILL TO BE ENTITLED
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AN ACT
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relating to the offense of engaging in organized criminal activity. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 32.51, Penal Code, is amended by |
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amending Subsection (b) and adding Subsection (b-1) to read as |
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follows: |
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(b) A person commits an offense if the person, with the |
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intent to harm or defraud another, obtains, possesses, transfers, |
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or uses: |
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(1) identifying information of another person without |
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the other person's consent; or |
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(2) without legal authorization, information |
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concerning a deceased person that would be identifying information |
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of that person were that person alive [and with intent to harm or
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defraud another]. |
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(b-1) For the purposes of Subsection (b), the actor is |
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presumed to have the intent to harm or defraud another if the actor |
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possesses: |
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(1) the identifying information of three or more other |
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persons; |
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(2) information described by Subsection (b)(2) |
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concerning three or more deceased persons; or |
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(3) information described by Subdivision (1) or (2) |
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concerning three or more persons or deceased persons. |
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SECTION 2. Section 71.02(a), Penal Code, is amended to read |
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as follows: |
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(a) A person commits an offense if, with the intent to |
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establish, maintain, or participate in a combination or in the |
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profits of a combination or as a member of a criminal street gang, |
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he commits or conspires to commit one or more of the following: |
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(1) murder, capital murder, arson, aggravated |
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robbery, robbery, burglary, theft, aggravated kidnapping, |
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kidnapping, aggravated assault, aggravated sexual assault, sexual |
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assault, forgery, deadly conduct, assault punishable as a Class A |
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misdemeanor, burglary of a motor vehicle, or unauthorized use of a |
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motor vehicle; |
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(2) any gambling offense punishable as a Class A |
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misdemeanor; |
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(3) promotion of prostitution, aggravated promotion |
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of prostitution, or compelling prostitution; |
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(4) unlawful manufacture, transportation, repair, or |
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sale of firearms or prohibited weapons; |
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(5) unlawful manufacture, delivery, dispensation, or |
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distribution of a controlled substance or dangerous drug, or |
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unlawful possession of a controlled substance or dangerous drug |
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through forgery, fraud, misrepresentation, or deception; |
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(6) any unlawful wholesale promotion or possession of |
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any obscene material or obscene device with the intent to wholesale |
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promote the same; |
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(7) any offense under Subchapter B, Chapter 43, |
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depicting or involving conduct by or directed toward a child |
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younger than 18 years of age; |
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(8) any felony offense under Chapter 32; |
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(9) any offense under Chapter 36; |
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(10) any offense under Chapter 34 or 35; |
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(11) any offense under Section 37.11(a); [or] |
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(12) any offense under Chapter 20A; or |
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(13) any offense under Section 37.10. |
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SECTION 3. This Act applies only to an offense committed on |
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or after the effective date of this Act. An offense committed |
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before the effective date of this Act is covered by the law in |
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effect at the time the offense was committed, and the former law is |
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continued in effect for that purpose. For the purposes of this |
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section, an offense was committed before the effective date of this |
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Act if any element of the offense was committed before that date. |
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SECTION 4. This Act takes effect September 1, 2007. |
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