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AN ACT
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relating to the prosecution and punishment of offenses involving |
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coercing, inducing, or soliciting membership in a criminal street |
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gang. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Section 71.022, Penal Code, is |
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amended to read as follows: |
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Sec. 71.022. COERCING, INDUCING, OR SOLICITING MEMBERSHIP |
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IN A CRIMINAL STREET GANG. |
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SECTION 2. Section 71.022, Penal Code, is amended by adding |
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Subsections (a-1) and (d) to read as follows: |
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(a-1) A person commits an offense if, with intent to coerce, |
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induce, or solicit a child to actively participate in the |
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activities of a criminal street gang, the person: |
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(1) threatens the child or a member of the child's |
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family with imminent bodily injury; or |
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(2) causes bodily injury to the child or a member of |
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the child's family. |
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(d) In this section: |
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(1) "Child" means an individual younger than 17 years |
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of age. |
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(2) "Family" has the meaning assigned by Section |
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71.003, Family Code. |
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SECTION 3. Section 22.015, Penal Code, is repealed. |
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SECTION 4. (a) The change in law made by this Act in |
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amending Section 71.022, Penal Code, applies only to an offense |
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committed on or after the effective date of this Act. An offense |
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committed before the effective date of this Act is covered by the |
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law in effect when the offense was committed, and the former law is |
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continued in effect for that purpose. For purposes of this section, |
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an offense was committed before the effective date of this Act if |
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any element of the offense occurred before that date. |
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(b) The repeal by this Act of Section 22.015, Penal Code, |
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does not apply to an offense committed under that section before the |
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effective date of the repeal. An offense committed before the |
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effective date of the repeal is covered by that section as it |
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existed on the date on which the offense was committed, and the |
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former law is continued in effect for that purpose. For purposes of |
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this subsection, an offense is committed before the effective date |
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of the repeal if any element of the offense occurs before that date. |
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SECTION 5. This Act takes effect September 1, 2009. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 2187 was passed by the House on April |
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24, 2009, by the following vote: Yeas 139, Nays 0, 1 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 2187 on May 23, 2009, by the following vote: Yeas 140, Nays 1, |
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1 present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 2187 was passed by the Senate, with |
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amendments, on May 21, 2009, by the following vote: Yeas 31, Nays |
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0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |