By: Moody, et al. (Senate Sponsor - Carona) H.B. No. 2187

(In the Senate - Received from the House April 27, 2009; May 6, 2009, read first time and referred to Committee on Transportation and Homeland Security; May 12, 2009, reported adversely, with favorable Committee Substitute by the following vote: Yeas 9, Nays 0; May 12, 2009, sent to printer.)

COMMITTEE SUBSTITUTE FOR H.B. No. 2187 By: Carona

A BILL TO BE ENTITLED

AN ACT

relating to the prosecution and punishment of offenses involving coercing, inducing, or soliciting membership in a criminal street gang.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. The heading to Section 71.022, Penal Code, is amended to read as follows:

Sec. 71.022. COERCING, INDUCING, OR SOLICITING MEMBERSHIP IN A CRIMINAL STREET GANG.

SECTION 2. Section 71.022, Penal Code, is amended by adding Subsections (a-1) and (d) to read as follows:

(a-1) A person commits an offense if, with intent to coerce, induce, or solicit a child to actively participate in the activities of a criminal street gang, the person:

(1) threatens the child or a member of the child's family with imminent bodily injury; or

(2) causes bodily injury to the child or a member of the child's family.

(d) In this section:

(1) "Child" means an individual younger than 17 years of age.

(2) "Family" has the meaning assigned by Section 71.003, Family Code.

SECTION 3. Section 22.015, Penal Code, is repealed.

SECTION 4. (a) The change in law made by this Act in amending Section 71.022, Penal Code, applies only to an offense committed on or after the effective date of this Act. An offense committed before the effective date of this Act is covered by the law in effect when the offense was committed, and the former law is continued in effect for that purpose. For purposes of this section, an offense was committed before the effective date of this Act if any element of the offense occurred before that date.

(b) The repeal by this Act of Section 22.015, Penal Code, does not apply to an offense committed under that section before the effective date of the repeal. An offense committed before the effective date of the repeal is covered by that section as it existed on the date on which the offense was committed, and the former law is continued in effect for that purpose. For purposes of this subsection, an offense is committed before the effective date of the repeal if any element of the offense occurs before that date.

SECTION 5. This Act takes effect September 1, 2009.

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