BILL ANALYSIS

H.B. 2086

By: Moody

Criminal Jurisprudence

Committee Report (Unamended)

BACKGROUND AND PURPOSE

Current law relating to organized crime imposes increased penalties for certain crimes if three or more persons collaborate to profit from those crimes or if members of a criminal street gang commit those crimes. Applying those organized crime provisions to certain prison-related crimes would assist in the investigation, prosecution, and conviction of prison gang members and those who assist them from outside of prison.

H.B. 2086 adds to the offense of engaging in organized criminal activity the offenses of escape, permitting or facilitating escape, providing implements for escape, and providing a prohibited substance or item in an adult or juvenile correctional or detention facility or on the property of the Texas Department of Criminal Justice or the Texas Youth Commission.

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

H.B. 2086 amends the Penal Code to expand the conditions that constitute the offense of engaging in organized criminal activity to include committing or conspiring to commit, with certain intent, the following offenses: escape, permitting or facilitating escape, providing implements for escape, or providing a prohibited substance or item in an adult or juvenile correctional or detention facility or on the property of the Texas Department of Criminal Justice or the Texas Youth Commission.

EFFECTIVE DATE

September 1, 2009.