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A BILL TO BE ENTITLED
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AN ACT
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relating to gang-related activity in and around public schools; |
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providing a criminal penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 37.006(a), Education Code, is amended to |
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read as follows: |
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(a) A student shall be removed from class and placed in a |
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disciplinary alternative education program as provided by Section |
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37.008 if the student: |
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(1) engages in conduct involving a public school that |
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contains the elements of the offense of false alarm or report under |
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Section 42.06, Penal Code, or terroristic threat under Section |
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22.07, Penal Code; or |
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(2) commits the following on or within 300 feet of |
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school property, as measured from any point on the school's real |
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property boundary line, or while attending a school-sponsored or |
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school-related activity on or off of school property: |
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(A) engages in conduct punishable as a felony; |
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(B) engages in conduct that contains the elements |
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of the offense of assault under Section 22.01(a)(1), Penal Code; |
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(C) sells, gives, or delivers to another person |
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or possesses or uses or is under the influence of: |
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(i) marihuana or a controlled substance, as |
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defined by Chapter 481, Health and Safety Code, or by 21 U.S.C. |
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Section 801 et seq.; or |
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(ii) a dangerous drug, as defined by |
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Chapter 483, Health and Safety Code; |
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(D) sells, gives, or delivers to another person |
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an alcoholic beverage, as defined by Section 1.04, Alcoholic |
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Beverage Code, commits a serious act or offense while under the |
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influence of alcohol, or possesses, uses, or is under the influence |
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of an alcoholic beverage; |
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(E) engages in conduct that contains the elements |
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of an offense relating to an abusable volatile chemical under |
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Sections 485.031 through 485.034, Health and Safety Code; [or] |
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(F) engages in conduct that contains the elements |
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of the offense of public lewdness under Section 21.07, Penal Code, |
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or indecent exposure under Section 21.08, Penal Code; or |
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(G) has been identified by a law enforcement |
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agency as a member of a criminal street gang, as defined by Section |
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71.01, Penal Code, using, at minimum, the criteria listed in Art. |
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61.02(c)(2), Code of Criminal Procedure, and engages in conduct |
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that a reasonable person would believe is a manifestation of |
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membership in a criminal street gang. |
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SECTION 2. Sections 37.007(a) and (b), Education Code, are |
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amended to read as follows: |
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(a) A student shall be expelled from a school if the |
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student, on school property or while attending a school-sponsored |
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or school-related activity on or off of school property: |
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(1) uses, exhibits, or possesses: |
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(A) a firearm as defined by Section 46.01(3), |
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Penal Code; |
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(B) an illegal knife as defined by Section |
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46.01(6), Penal Code, or by local policy; |
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(C) a club as defined by Section 46.01(1), Penal |
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Code; or |
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(D) a weapon listed as a prohibited weapon under |
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Section 46.05, Penal Code; |
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(2) engages in conduct that contains the elements of |
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the offense of: |
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(A) aggravated assault under Section 22.02, |
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Penal Code, sexual assault under Section 22.011, Penal Code, or |
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aggravated sexual assault under Section 22.021, Penal Code; |
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(B) arson under Section 28.02, Penal Code; |
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(C) murder under Section 19.02, Penal Code, |
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capital murder under Section 19.03, Penal Code, or criminal |
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attempt, under Section 15.01, Penal Code, to commit murder or |
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capital murder; |
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(D) indecency with a child under Section 21.11, |
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Penal Code; |
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(E) aggravated kidnapping under Section 20.04, |
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Penal Code; |
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(F) aggravated robbery under Section 29.03, |
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Penal Code; |
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(G) manslaughter under Section 19.04, Penal |
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Code; or |
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(H) criminally negligent homicide under Section |
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19.05, Penal Code; [or] |
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(3) engages in conduct specified by Section |
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37.006(a)(2)(C) or (D), if the conduct is punishable as a felony; or |
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(4) engages in conduct: |
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(A) that contains the elements of the offense of |
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assault under Section 22.01, Penal Code, deadly conduct under |
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Section 22.05, Penal Code, terroristic threat under Section 22.07, |
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Penal Code, or coercing, soliciting, or inducing gang membership |
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under Section 22.015 or 71.022, Penal Code; and |
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(B) that a reasonable person would believe is a |
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manifestation of membership in a criminal street gang, as defined |
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by Section 71.01, Penal Code. |
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(b) A student may be expelled if the student: |
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(1) engages in conduct involving a public school that |
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contains the elements of the offense of false alarm or report under |
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Section 42.06, Penal Code, or terroristic threat under Section |
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22.07, Penal Code; |
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(2) while on or within 300 feet of school property, as |
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measured from any point on the school's real property boundary |
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line, or while attending a school-sponsored or school-related |
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activity on or off of school property: |
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(A) sells, gives, or delivers to another person |
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or possesses, uses, or is under the influence of any amount of: |
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(i) marihuana or a controlled substance, as |
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defined by Chapter 481, Health and Safety Code, or by 21 U.S.C. |
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Section 801 et seq.; |
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(ii) a dangerous drug, as defined by |
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Chapter 483, Health and Safety Code; or |
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(iii) an alcoholic beverage, as defined by |
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Section 1.04, Alcoholic Beverage Code; |
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(B) engages in conduct that contains the elements |
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of an offense relating to an abusable volatile chemical under |
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Sections 485.031 through 485.034, Health and Safety Code; |
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(C) engages in conduct that contains the elements |
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of an offense under Section 22.01(a)(1), Penal Code, against a |
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school district employee or a volunteer as defined by Section |
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22.053; [or] |
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(D) engages in conduct that contains the elements |
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of the offense of deadly conduct under Section 22.05, Penal Code; or |
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(E) solicits another student to participate in |
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the activities of or become a member of a criminal street gang, as |
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defined by Section 71.01, Penal Code, in a manner that does not |
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constitute an offense under Section 22.015 or 71.022, Penal Code; |
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(3) subject to Subsection (d), while within 300 feet |
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of school property, as measured from any point on the school's real |
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property boundary line: |
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(A) engages in conduct specified by Subsection |
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(a); or |
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(B) possesses a firearm, as defined by 18 U.S.C. |
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Section 921; or |
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(4) engages in conduct that contains the elements of |
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any offense listed in Subsection (a)(2)(A) or (C) or the offense of |
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aggravated robbery under Section 29.03, Penal Code, against another |
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student, without regard to whether the conduct occurs on or off of |
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school property or while attending a school-sponsored or |
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school-related activity on or off of school property. |
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SECTION 3. The heading to Section 37.121, Education Code, |
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is amended to read as follows: |
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Sec. 37.121. FRATERNITIES, SORORITIES, AND SECRET |
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SOCIETIES[, AND GANGS]. |
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SECTION 4. Sections 37.121(a) and (d), Education Code, are |
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amended to read as follows: |
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(a) A person commits an offense if the person: |
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(1) is a member of, pledges to become a member of, |
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joins, or solicits another person to join or pledge to become a |
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member of a public school fraternity, sorority, or secret society[,
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or gang]; or |
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(2) is not enrolled in a public school and solicits |
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another person to attend a meeting of a public school fraternity, |
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sorority, or secret society[, or gang] or a meeting at which |
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membership in one of those groups is encouraged. |
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(d) In this section, "public school fraternity, sorority, |
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or secret society[, or gang]" means an organization composed wholly |
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or in part of students of public primary or secondary schools that |
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seeks to perpetuate itself by taking in additional members from the |
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students enrolled in school on the basis of the decision of its |
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membership rather than on the free choice of a student in the school |
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who is qualified by the rules of the school to fill the special aims |
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of the organization. The term does not include an agency for public |
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welfare, including Boy Scouts, Hi-Y, Girl Reserves, DeMolay, |
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Rainbow Girls, Pan-American Clubs, scholarship societies, or other |
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similar educational organizations sponsored by state or national |
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education authorities. |
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SECTION 5. Section 22.06, Penal Code, is amended to read as |
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follows: |
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Sec. 22.06. CONSENT AS DEFENSE TO ASSAULTIVE |
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CONDUCT. (a) The victim's effective consent or the actor's |
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reasonable belief that the victim consented to the actor's conduct |
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is a defense to prosecution under Section 22.01 (Assault), 22.02 |
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(Aggravated Assault), or 22.05 (Deadly Conduct) if: |
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(1) the conduct did not threaten or inflict serious |
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bodily injury; or |
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(2) the victim knew the conduct was a risk of: |
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(A) his occupation; |
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(B) recognized medical treatment; or |
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(C) a scientific experiment conducted by |
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recognized methods. |
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(b) The defense to prosecution provided by Subsection (a) is |
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not available to a defendant who commits an offense described by |
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Subsection (a) as a condition of the defendant's or the victim's |
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initiation or continued membership in a criminal street gang, as |
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defined by Section 71.01 in a place that the defendant knows is: |
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(A) within 300 feet of the premises of a private |
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or public elementary or secondary school; or |
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(B) on premises where: |
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(i) an official school function is taking |
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place; or |
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(ii) an event sponsored or sanctioned by |
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the University Interscholastic League is taking place. |
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SECTION 6. Chapter 71, Penal Code, is amended by adding |
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Section 71.025 to read as follows: |
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Sec. 71.025. GANG-FREE SCHOOL ZONE. (a) This section |
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applies to conduct that occurs in a place that the actor knows is: |
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(1) within 300 feet of the premises of a private or |
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public elementary or secondary school; or |
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(2) on premises where: |
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(A) an official school function is taking place; |
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or |
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(B) an event sponsored or sanctioned by the |
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University Interscholastic League is taking place. |
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(b) A person commits an offense if the person: |
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(1) is a member of a criminal street gang; and |
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(2) engages in any conduct in a place described by |
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Subsection (a) that a reasonable person would believe is a |
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manifestation of membership in a criminal street gang. |
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(c) An offense under this section is a Class C misdemeanor. |
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(d) If conduct that constitutes an offense under this |
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section also constitutes an offense under another law, the person |
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may be prosecuted under this section, the other law, or both. |
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SECTION 7. This Act applies beginning with the 2007–2008 |
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school year. |
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SECTION 8. Section 5 of this Act shall not take effect if |
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another act containing language similar to that of Section 5 is |
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passed during the same legislative session and does not include the |
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limitation that the offense take place near a school or |
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school-related activity. |
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SECTION 9. This Act takes effect on September 1, 2007. |