BILL ANALYSIS

 

 

 

H.B. 2187

By: Moody

Criminal Jurisprudence

Committee Report (Unamended)

 

 

 

BACKGROUND AND PURPOSE

 

Two related offenses exist under current law: coercing, soliciting, or inducing gang membership and soliciting membership in a criminal street gang. These offenses criminalize similar, but not identical, conduct related to initiation in a criminal street gang, and both offenses provide similar, but not identical, punishment for that conduct. These similarities can cause confusion in the application of the laws, which may inhibit efforts to punish and deter those who seek to expand membership in criminal street gangs.

 

H.B. 2187 combines the two offenses and harmonizes the penalties. The bill increases the penalty for coercing gang membership by threatening a child with imminent bodily injury from a state jail felony to a third degree felony.

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. 2187 amends the Penal Code to reclassify, from a state jail felony assaultive offense to a third degree felony organized crime offense, the offense against a person who, with intent to coerce, induce, or solicit a child to actively participate in the activities of a criminal street gang, threatens the child with imminent bodily injury or causes bodily injury to the child.

 

H.B. 2187 bill defines "child."

 

H.B. 2187 repeals Section 22.015, Penal Code.

EFFECTIVE DATE

 

September 1, 2009.