|
|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
relating to the prevention, investigation, prosecution, and |
|
punishment for certain gang-related and other criminal offenses and |
|
to the consequences and costs of engaging in certain activities of a |
|
criminal street gang or certain other criminal activity; providing |
|
penalties. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
ARTICLE 1. CRIMINAL PENALTIES RELATED TO ORGANIZED CRIMINAL |
|
ACTIVITY AND CRIMINAL STREET GANGS; GANG PREVENTION EFFORTS |
|
SECTION 1.01. Subsection (e), Section 15.031, Penal Code, |
|
is amended to read as follows: |
|
(e) An offense under this section is one category lower than |
|
the solicited offense, except that an offense under this section is |
|
the same category as the solicited offense if it is shown on the |
|
trial of the offense that the actor: |
|
(1) was at the time of the offense 17 years of age or |
|
older and a member of a criminal street gang, as defined by Section |
|
71.01; and |
|
(2) committed the offense with the intent to: |
|
(A) further the criminal activities of the |
|
criminal street gang; or |
|
(B) avoid detection as a member of a criminal |
|
street gang. |
|
SECTION 1.02. Subsection (a), Section 22.015, Penal Code, |
|
is amended by adding Subdivision (3) to read as follows: |
|
(3) "Family" has the meaning assigned by Section |
|
71.003, Family Code. |
|
SECTION 1.03. Subsection (b), Section 22.015, Penal Code, |
|
is amended to read as follows: |
|
(b) 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. |
|
SECTION 1.04. Subsection (a), Section 71.02, Penal Code, is |
|
amended to read as follows: |
|
(a) A person commits an offense if, with the intent to |
|
establish, maintain, or participate in a combination or in the |
|
profits of a combination or as a member of a criminal street gang, |
|
the person [he] commits or conspires to commit one or more of the |
|
following: |
|
(1) murder, capital murder, arson, aggravated |
|
robbery, robbery, burglary, theft, aggravated kidnapping, |
|
kidnapping, aggravated assault, aggravated sexual assault, sexual |
|
assault, forgery, deadly conduct, assault punishable as a Class A |
|
misdemeanor, burglary of a motor vehicle, or unauthorized use of a |
|
motor vehicle; |
|
(2) any gambling offense punishable as a Class A |
|
misdemeanor; |
|
(3) promotion of prostitution, aggravated promotion |
|
of prostitution, or compelling prostitution; |
|
(4) unlawful manufacture, transportation, repair, or |
|
sale of firearms or prohibited weapons; |
|
(5) unlawful manufacture, delivery, dispensation, or |
|
distribution of a controlled substance or dangerous drug, or |
|
unlawful possession of a controlled substance or dangerous drug |
|
through forgery, fraud, misrepresentation, or deception; |
|
(6) any unlawful wholesale promotion or possession of |
|
any obscene material or obscene device with the intent to wholesale |
|
promote the same; |
|
(7) any offense under Subchapter B, Chapter 43, |
|
depicting or involving conduct by or directed toward a child |
|
younger than 18 years of age; |
|
(8) any felony offense under Chapter 32; |
|
(9) any offense under Chapter 36; |
|
(10) any offense under Chapter 34 or 35; |
|
(11) any offense under Section 37.11(a); |
|
(12) any offense under Chapter 20A; [or] |
|
(13) any offense under Section 37.10; or |
|
(14) any offense under Section 46.06(a)(1). |
|
SECTION 1.05. Chapter 71, Penal Code, is amended by adding |
|
Sections 71.023, 71.028, and 71.029 to read as follows: |
|
Sec. 71.023. DIRECTING ACTIVITIES OF CERTAIN CRIMINAL |
|
STREET GANGS. (a) A person commits an offense if the person |
|
knowingly initiates, organizes, plans, finances, directs, manages, |
|
or supervises a criminal street gang or members of a criminal street |
|
gang with the intent to benefit, promote, or further the interests |
|
of the criminal street gang or to increase the person's standing, |
|
position, or status in the criminal street gang. |
|
(b) An offense under this section is a felony of the first |
|
degree. |
|
(c) Notwithstanding Section 71.01, in this section, |
|
"criminal street gang" means: |
|
(1) an organization that: |
|
(A) has more than 10 members whose names are |
|
included in an intelligence database under Chapter 61, Code of |
|
Criminal Procedure; |
|
(B) has a hierarchical structure that has been |
|
documented in an intelligence database under Chapter 61, Code of |
|
Criminal Procedure; |
|
(C) engages in profit-sharing among two or more |
|
members of the organization; and |
|
(D) in one or more regions of this state served by |
|
different regional councils of government, continuously or |
|
regularly engages in conduct: |
|
(i) that constitutes an offense listed in |
|
Section 3g(a)(1), Article 42.12, Code of Criminal Procedure; |
|
(ii) in which it is alleged that a deadly |
|
weapon is used or exhibited during the commission of or immediate |
|
flight from the commission of any felony offense; or |
|
(iii) that is punishable as a felony of the |
|
first or second degree under Chapter 481, Health and Safety Code; or |
|
(2) an organization that, in collaboration with an |
|
organization described by Subdivision (1), engages in conduct or |
|
commits an offense or conspires to engage in conduct or commit an |
|
offense described by Subdivision (1)(D). |
|
Sec. 71.028. GANG-FREE ZONES. (a) In this section: |
|
(1) "Institution of higher education," "playground," |
|
"premises," "school," "video arcade facility," and "youth center" |
|
have the meanings assigned by Section 481.134, Health and Safety |
|
Code. |
|
(2) "Shopping mall" means an enclosed public walkway |
|
or hall area that connects retail, service, or professional |
|
establishments. |
|
(b) Except as provided by Subsection (c), the punishment |
|
prescribed for an offense under Section 71.02 is increased to the |
|
punishment prescribed for the next highest category of offense if |
|
the actor is 17 years of age or older and it is shown beyond a |
|
reasonable doubt on the trial of the offense that the actor |
|
committed the offense at a location that was: |
|
(1) in, on, or within 1,000 feet of any: |
|
(A) real property that is owned, rented, or |
|
leased by a school or school board; |
|
(B) premises owned, rented, or leased by an |
|
institution of higher education; |
|
(C) shopping mall; |
|
(D) movie theater; |
|
(E) premises of a public or private youth center; |
|
or |
|
(F) playground; |
|
(2) in, on, or within 300 feet of the premises of a |
|
public swimming pool or video arcade facility; or |
|
(3) on a school bus. |
|
(c) The punishment prescribed for an offense under Section |
|
71.02 may not be increased under this section if the offense is |
|
punishable under Section 71.02 as a felony of the first degree. |
|
Sec. 71.029. MAPS AS EVIDENCE OF LOCATION OR AREA. (a) In a |
|
prosecution of an offense for which punishment is increased under |
|
Section 71.028, a map produced or reproduced by a municipal or |
|
county engineer for the purpose of showing the location and |
|
boundaries of gang-free zones is admissible in evidence and is |
|
prima facie evidence of the location or boundaries of those zones if |
|
the governing body of the municipality or county adopts a |
|
resolution or ordinance approving the map as an official finding |
|
and record of the location or boundaries of those zones. |
|
(b) A municipal or county engineer may, on request of the |
|
governing body of the municipality or county, revise a map that has |
|
been approved by the governing body of the municipality or county as |
|
provided by Subsection (a). |
|
(c) A municipal or county engineer shall file the original |
|
or a copy of every approved or revised map approved as provided by |
|
Subsection (a) with the county clerk of each county in which the |
|
zone is located. |
|
(d) This section does not prevent the prosecution from: |
|
(1) introducing or relying on any other evidence or |
|
testimony to establish any element of an offense for which |
|
punishment is increased under Section 71.028; or |
|
(2) using or introducing any other map or diagram |
|
otherwise admissible under the Texas Rules of Evidence. |
|
SECTION 1.06. Subchapter D, Chapter 37, Education Code, is |
|
amended by adding Section 37.110 to read as follows: |
|
Sec. 37.110. INFORMATION REGARDING GANG-FREE ZONES. The |
|
superintendent of each public school district and the administrator |
|
of each private elementary or secondary school located in the |
|
public school district shall ensure that the student handbook for |
|
each campus in the public school district includes information on |
|
gang-free zones and the consequences of engaging in organized |
|
criminal activity within those zones. |
|
SECTION 1.07. Subchapter Z, Chapter 51, Education Code, is |
|
amended by adding Section 51.973 to read as follows: |
|
Sec. 51.973. INFORMATION REGARDING GANG-FREE ZONES. The |
|
governing board of each institution of higher education shall |
|
ensure that any student handbook or similar publication for the |
|
institution includes information on gang-free zones and the |
|
consequences of engaging in organized criminal activity within |
|
those zones. |
|
SECTION 1.08. Subchapter C, Chapter 42, Human Resources |
|
Code, is amended by adding Section 42.064 to read as follows: |
|
Sec. 42.064. INFORMATION REGARDING GANG-FREE ZONES. Each |
|
day-care center shall, in accordance with rules adopted by the |
|
executive commissioner, distribute to parents and guardians of |
|
children who attend the center information on gang-free zones and |
|
the consequences of engaging in organized criminal activity within |
|
those zones. |
|
SECTION 1.09. Section 37.110, Education Code, as added by |
|
this Act, applies beginning with the public school district's |
|
2009-2010 school year. |
|
SECTION 1.10. Section 51.973, Education Code, as added by |
|
this Act, applies beginning with the 2009 fall semester. |
|
SECTION 1.11. Subsection (e), Section 15.031, Subsection |
|
(b), Section 22.015, and Subsection (a), Section 71.02, Penal Code, |
|
as amended by this Act, and Section 71.028, Penal Code, as added by |
|
this Act, apply 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. |
|
ARTICLE 2. CIVIL CONSEQUENCES AND LIABILITY |
|
SECTION 2.01. Subchapter D, Chapter 125, Civil Practice and |
|
Remedies Code, is amended by adding Section 125.070 to read as |
|
follows: |
|
Sec. 125.070. CIVIL ACTION FOR VIOLATION OF INJUNCTION. |
|
(a) In this section, "governmental entity" means a political |
|
subdivision of this state, including any city, county, school |
|
district, junior college district, levee improvement district, |
|
drainage district, irrigation district, water improvement |
|
district, water control and improvement district, water control and |
|
preservation district, freshwater supply district, navigation |
|
district, conservation and reclamation district, soil conservation |
|
district, communication district, public health district, and |
|
river authority. |
|
(b) A criminal street gang or a member of a criminal street |
|
gang is liable to the state or a governmental entity injured by the |
|
violation of a temporary or permanent injunctive order under this |
|
subchapter. |
|
(c) In an action brought against a member of a criminal |
|
street gang, the plaintiff must show that the member violated the |
|
temporary or permanent injunctive order. |
|
(d) A district, county, or city attorney or the attorney |
|
general may sue for money damages on behalf of the state or a |
|
governmental entity. If the state or a governmental entity |
|
prevails in a suit under this section, the state or governmental |
|
entity may recover: |
|
(1) actual damages; |
|
(2) a civil penalty in an amount not to exceed $20,000 |
|
for each violation; and |
|
(3) court costs and attorney's fees. |
|
(e) The property of the criminal street gang or a member of |
|
the criminal street gang may be seized in execution on a judgment |
|
under this section. Property may not be seized under this |
|
subsection if the owner or interest holder of the property proves by |
|
a preponderance of the evidence that the owner or interest holder |
|
was not a member of the criminal street gang and did not violate the |
|
temporary or permanent injunctive order. The owner or interest |
|
holder of property that is in the possession of a criminal street |
|
gang or a member of the criminal street gang and that is subject to |
|
execution under this subsection must show that the property: |
|
(1) was stolen from the owner or interest holder; or |
|
(2) was used or intended to be used without the |
|
effective consent of the owner or interest holder by the criminal |
|
street gang or a member of the criminal street gang. |
|
(f) The attorney general shall deposit money received under |
|
this section for damages or as a civil penalty in the neighborhood |
|
and community recovery fund held by the attorney general outside |
|
the state treasury. Money in the fund is held by the attorney |
|
general in trust for the benefit of the community or neighborhood |
|
harmed by the violation of a temporary or permanent injunctive |
|
order. Money in the fund may be used only for the benefit of the |
|
community or neighborhood harmed by the violation of the injunctive |
|
order. Interest earned on money in the fund shall be credited to |
|
the fund. The attorney general shall account for money in the fund |
|
so that money held for the benefit of a community or neighborhood, |
|
and interest earned on that money, are not commingled with money in |
|
the fund held for the benefit of a different community or |
|
neighborhood. |
|
(g) A district, county, or city attorney who brings suit on |
|
behalf of a governmental entity shall deposit money received for |
|
damages or as a civil penalty in an account to be held in trust for |
|
the benefit of the community or neighborhood harmed by the |
|
violation of a temporary or permanent injunctive order. Money in |
|
the account may be used only for the benefit of the community or |
|
neighborhood harmed by the violation of the injunctive order. |
|
Interest earned on money in the account shall be credited to the |
|
account. The district, county, or city attorney shall account for |
|
money in the account so that money held for the benefit of a |
|
community or neighborhood, and interest earned on that money, are |
|
not commingled with money in the account held for the benefit of a |
|
different community or neighborhood. |
|
(h) An action under this section brought by the state or a |
|
governmental entity does not waive sovereign or governmental |
|
immunity for any purpose. |
|
SECTION 2.02. Subdivision (2), Article 59.01, Code of |
|
Criminal Procedure, as amended by Chapters 127 (S.B. 1694), 822 |
|
(H.B. 73), and 885 (H.B. 2278), Acts of the 80th Legislature, |
|
Regular Session, 2007, is reenacted and amended to read as follows: |
|
(2) "Contraband" means property of any nature, |
|
including real, personal, tangible, or intangible, that is: |
|
(A) used in the commission of: |
|
(i) any first or second degree felony under |
|
the Penal Code; |
|
(ii) any felony under Section 15.031(b), |
|
20.05, 21.11, 38.04, Subchapter B of Chapter 43, or Chapter 29, 30, |
|
31, 32, 33, 33A, or 35, Penal Code; |
|
(iii) any felony under The Securities Act |
|
(Article 581-1 et seq., Vernon's Texas Civil Statutes); or |
|
(iv) any offense under Chapter 49, Penal |
|
Code, that is punishable as a felony of the third degree or state |
|
jail felony, if the defendant has been previously convicted three |
|
times of an offense under that chapter; |
|
(B) used or intended to be used in the commission |
|
of: |
|
(i) any felony under Chapter 481, Health |
|
and Safety Code (Texas Controlled Substances Act); |
|
(ii) any felony under Chapter 483, Health |
|
and Safety Code; |
|
(iii) a felony under Chapter 153, Finance |
|
Code; |
|
(iv) any felony under Chapter 34, Penal |
|
Code; |
|
(v) a Class A misdemeanor under Subchapter |
|
B, Chapter 365, Health and Safety Code, if the defendant has been |
|
previously convicted twice of an offense under that subchapter; |
|
(vi) any felony under Chapter 152, Finance |
|
Code; |
|
(vii) any felony under Chapter 32, Human |
|
Resources Code, or Chapter 31, 32, 35A, or 37, Penal Code, that |
|
involves the state Medicaid program; |
|
(viii) a Class B misdemeanor under Chapter |
|
522, Business & Commerce Code; [or] |
|
(ix) a Class A misdemeanor under Section |
|
35.153, Business & Commerce Code; |
|
(x) any offense under Chapter 71, Penal |
|
Code; or |
|
(xi) any offense under Section 46.06(a)(1), |
|
Penal Code; |
|
(C) the proceeds gained from the commission of a |
|
felony listed in Paragraph (A) or (B) of this subdivision, a |
|
misdemeanor listed in Paragraph (B)(viii), (x), or (xi) of this |
|
subdivision, or a crime of violence; |
|
(D) acquired with proceeds gained from the |
|
commission of a felony listed in Paragraph (A) or (B) of this |
|
subdivision, a misdemeanor listed in Paragraph (B)(viii), (x), or |
|
(xi) of this subdivision, or a crime of violence; or |
|
(E) used to facilitate or intended to be used to |
|
facilitate the commission of a felony under Section 15.031 or |
|
43.25, Penal Code. |
|
SECTION 2.03. Chapter 59, Code of Criminal Procedure, is |
|
amended by adding Article 59.011 to read as follows: |
|
Art. 59.011. ELECTION OF FORFEITURE PROCEEDING. If |
|
property described by Article 59.01(2)(B)(x) or (xi) is subject to |
|
forfeiture under this chapter and Article 18.18, the attorney |
|
representing the state may proceed under either this chapter or |
|
that article. |
|
SECTION 2.04. Section 125.070, Civil Practice and Remedies |
|
Code, as added by this Act, applies only to a cause of action that |
|
accrues on or after the effective date of this Act. A cause of |
|
action that accrued before the effective date of this Act is |
|
governed by the law in effect immediately before the effective date |
|
of this Act, and that law is continued in effect for that purpose. |
|
SECTION 2.05. Subdivision (2), Article 59.01, Code of |
|
Criminal Procedure, as amended by this Act, and Article 59.011, |
|
Code of Criminal Procedure, as added by this Act, apply only to the |
|
forfeiture of property used in the commission of an offense |
|
committed on or after the effective date of this Act. Forfeiture of |
|
property used in the commission of an offense committed before the |
|
effective date of this Act is governed 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. |
|
ARTICLE 3. POST-CONVICTION AND POST-ADJUDICATION PROVISIONS |
|
SECTION 3.01. Article 42.01, Code of Criminal Procedure, is |
|
amended by adding Section 9 to read as follows: |
|
Sec. 9. In addition to the information described by Section |
|
1, the judgment should reflect affirmative findings entered |
|
pursuant to Article 42.0197. |
|
SECTION 3.02. Chapter 42, Code of Criminal Procedure, is |
|
amended by adding Article 42.0197 to read as follows: |
|
Art. 42.0197. FINDING REGARDING GANG-RELATED CONDUCT. In |
|
the trial of an offense, on the motion of the attorney representing |
|
the state the judge shall make an affirmative finding of fact and |
|
enter the affirmative finding in the judgment in the case if the |
|
judge determines that the applicable conduct was engaged in as part |
|
of the activities of a criminal street gang as defined by Section |
|
71.01, Penal Code. |
|
SECTION 3.03. Subsection (a), Section 11, Article 42.12, |
|
Code of Criminal Procedure, is amended to read as follows: |
|
(a) The judge of the court having jurisdiction of the case |
|
shall determine the conditions of community supervision and may, at |
|
any time[,] during the period of community supervision, alter or |
|
modify the conditions. The judge may impose any reasonable |
|
condition that is designed to protect or restore the community, |
|
protect or restore the victim, or punish, rehabilitate, or reform |
|
the defendant. Conditions of community supervision may include, |
|
but shall not be limited to, the conditions that the defendant |
|
shall: |
|
(1) Commit no offense against the laws of this State or |
|
of any other State or of the United States; |
|
(2) Avoid injurious or vicious habits; |
|
(3) Avoid persons or places of disreputable or harmful |
|
character, including any person, other than a family member of the |
|
defendant, who is an active member of a criminal street gang; |
|
(4) Report to the supervision officer as directed by |
|
the judge or supervision officer and obey all rules and regulations |
|
of the community supervision and corrections department; |
|
(5) Permit the supervision officer to visit the |
|
defendant at the defendant's home or elsewhere; |
|
(6) Work faithfully at suitable employment as far as |
|
possible; |
|
(7) Remain within a specified place; |
|
(8) Pay the defendant's fine, if one is [be] assessed, |
|
and all court costs whether a fine is [be] assessed or not, in one or |
|
several sums; |
|
(9) Support the defendant's dependents; |
|
(10) Participate, for a time specified by the judge, |
|
in any community-based program, including a community-service work |
|
program under Section 16 of this article; |
|
(11) Reimburse the county in which the prosecution was |
|
instituted for compensation paid to appointed counsel for defending |
|
the defendant in the case, if counsel was appointed, or if the |
|
defendant was represented by a county-paid public defender, in an |
|
amount that would have been paid to an appointed attorney had the |
|
county not had a public defender; |
|
(12) Remain under custodial supervision in a community |
|
corrections facility, obey all rules and regulations of the [such] |
|
facility, and pay a percentage of the defendant's income to the |
|
facility for room and board; |
|
(13) Pay a percentage of the defendant's income to the |
|
defendant's dependents for their support while under custodial |
|
supervision in a community corrections facility; |
|
(14) Submit to testing for alcohol or controlled |
|
substances; |
|
(15) Attend counseling sessions for substance abusers |
|
or participate in substance abuse treatment services in a program |
|
or facility approved or licensed by the Texas Commission on Alcohol |
|
and Drug Abuse; |
|
(16) With the consent of the victim of a misdemeanor |
|
offense or of any offense under Title 7, Penal Code, participate in |
|
victim-defendant mediation; |
|
(17) Submit to electronic monitoring; |
|
(18) Reimburse the compensation to victims of crime |
|
fund for any amounts paid from that fund to or on behalf of a victim, |
|
as defined by Article 56.32, of the defendant's offense or if no |
|
reimbursement is required, make one payment to the compensation to |
|
victims of crime fund in an amount not to exceed $50 if the offense |
|
is a misdemeanor or not to exceed $100 if the offense is a felony; |
|
(19) Reimburse a law enforcement agency for the |
|
analysis, storage, or disposal of raw materials, controlled |
|
substances, chemical precursors, drug paraphernalia, or other |
|
materials seized in connection with the offense; |
|
(20) Pay all or part of the reasonable and necessary |
|
costs incurred by the victim for psychological counseling made |
|
necessary by the offense or for counseling and education relating |
|
to acquired immune deficiency syndrome or human immunodeficiency |
|
virus made necessary by the offense; |
|
(21) Make one payment in an amount not to exceed $50 to |
|
a crime stoppers organization as defined by Section 414.001, |
|
Government Code, and as certified by the Crime Stoppers Advisory |
|
Council; |
|
(22) Submit a DNA sample to the Department of Public |
|
Safety under Subchapter G, Chapter 411, Government Code, for the |
|
purpose of creating a DNA record of the defendant; |
|
(23) In any manner required by the judge, provide |
|
public notice of the offense for which the defendant was placed on |
|
community supervision in the county in which the offense was |
|
committed; and |
|
(24) Reimburse the county in which the prosecution was |
|
instituted for compensation paid to any interpreter in the case. |
|
SECTION 3.04. Article 42.12, Code of Criminal Procedure, is |
|
amended by adding Section 13E to read as follows: |
|
Sec. 13E. ELECTRONIC MONITORING OF CERTAIN MEMBERS OF |
|
CRIMINAL STREET GANG WHO ARE PLACED ON COMMUNITY SUPERVISION. (a) |
|
This section applies only to a defendant who: |
|
(1) is identified as a member of a criminal street gang |
|
in an intelligence database established under Chapter 61; and |
|
(2) has two or more times been previously convicted |
|
of, or received a grant of deferred adjudication community |
|
supervision or another functionally equivalent form of community |
|
supervision or probation for, a felony offense under the laws of |
|
this state, another state, or the United States. |
|
(b) A court granting community supervision to a defendant |
|
described by Subsection (a) may, on the defendant's conviction of a |
|
felony offense, require as a condition of community supervision |
|
that the defendant submit to tracking under an electronic |
|
monitoring service or other appropriate technological service |
|
designed to track a person's location. |
|
SECTION 3.05. Chapter 54, Family Code, is amended by adding |
|
Section 54.0491 to read as follows: |
|
Sec. 54.0491. GANG-RELATED CONDUCT. (a) In this section: |
|
(1) "Criminal street gang" has the meaning assigned by |
|
Section 71.01, Penal Code. |
|
(2) "Gang-related conduct" means conduct that |
|
violates a penal law of the grade of Class B misdemeanor or higher |
|
and in which a child engages with the intent to: |
|
(A) further the criminal activities of a criminal |
|
street gang of which the child is a member; |
|
(B) gain membership in a criminal street gang; or |
|
(C) avoid detection as a member of a criminal |
|
street gang. |
|
(b) A juvenile court, in a disposition hearing under Section |
|
54.04 regarding a child who has been adjudicated to have engaged in |
|
delinquent conduct that is also gang-related conduct, shall order |
|
the child to participate in a criminal street gang intervention |
|
program that is appropriate for the child based on the child's level |
|
of involvement in the criminal activities of a criminal street |
|
gang. The intervention program: |
|
(1) must include at least 12 hours of instruction; and |
|
(2) may include voluntary tattoo removal. |
|
(c) If a child required to attend a criminal street gang |
|
intervention program is committed to the Texas Youth Commission as |
|
a result of the gang-related conduct, the child must complete the |
|
intervention program before being discharged from the custody of or |
|
released under supervision by the commission. |
|
SECTION 3.06. Subchapter G, Chapter 508, Government Code, |
|
is amended by adding Section 508.227 to read as follows: |
|
Sec. 508.227. ELECTRONIC MONITORING OF CERTAIN MEMBERS OF |
|
CRIMINAL STREET GANG. (a) This section applies only to a releasee |
|
who: |
|
(1) is identified as a member of a criminal street gang |
|
in an intelligence database established under Chapter 61, Code of |
|
Criminal Procedure; and |
|
(2) has three or more times been convicted of, or |
|
received a grant of deferred adjudication community supervision or |
|
another functionally equivalent form of community supervision or |
|
probation for, a felony offense under the laws of this state, |
|
another state, or the United States. |
|
(b) A parole panel may require as a condition of release on |
|
parole or to mandatory supervision that a releasee described by |
|
Subsection (a) submit to tracking under an electronic monitoring |
|
service or other appropriate technological service designed to |
|
track a person's location. |
|
SECTION 3.07. Section 3.03, Penal Code, is amended by |
|
amending Subsection (b) and adding Subsection (b-1) to read as |
|
follows: |
|
(b) If the accused is found guilty of more than one offense |
|
arising out of the same criminal episode, the sentences may run |
|
concurrently or consecutively if each sentence is for a conviction |
|
of: |
|
(1) an offense: |
|
(A) under Section 49.07 or 49.08, regardless of |
|
whether the accused is convicted of violations of the same section |
|
more than once or is convicted of violations of both sections; or |
|
(B) for which a plea agreement was reached in a |
|
case in which the accused was charged with more than one offense |
|
listed in Paragraph (A), regardless of whether the accused is |
|
charged with violations of the same section more than once or is |
|
charged with violations of both sections; |
|
(2) an offense: |
|
(A) under Section 33.021 or an offense under |
|
Section 21.02, 21.11, 22.011, 22.021, 25.02, or 43.25 committed |
|
against a victim younger than 17 years of age at the time of the |
|
commission of the offense regardless of whether the accused is |
|
convicted of violations of the same section more than once or is |
|
convicted of violations of more than one section; or |
|
(B) for which a plea agreement was reached in a |
|
case in which the accused was charged with more than one offense |
|
listed in Paragraph (A) committed against a victim younger than 17 |
|
years of age at the time of the commission of the offense regardless |
|
of whether the accused is charged with violations of the same |
|
section more than once or is charged with violations of more than |
|
one section; [or] |
|
(3) an offense: |
|
(A) under Section 21.15 or 43.26, regardless of |
|
whether the accused is convicted of violations of the same section |
|
more than once or is convicted of violations of both sections; or |
|
(B) for which a plea agreement was reached in a |
|
case in which the accused was charged with more than one offense |
|
listed in Paragraph (A), regardless of whether the accused is |
|
charged with violations of the same section more than once or is |
|
charged with violations of both sections; or |
|
(4) an offense for which the judgment in the case |
|
contains an affirmative finding under Article 42.0197, Code of |
|
Criminal Procedure. |
|
(b-1) Subsection (b)(4) does not apply to a defendant whose |
|
case was transferred to the court under Section 54.02, Family Code. |
|
SECTION 3.08. Section 9, Article 42.01, Code of Criminal |
|
Procedure, and Article 42.0197, Code of Criminal Procedure, as |
|
added by this Act, apply only to a judgment of conviction entered on |
|
or after the effective date of this Act. |
|
SECTION 3.09. Subsection (a), Section 11, Article 42.12, |
|
Code of Criminal Procedure, as amended by this Act, and Section 13E, |
|
Article 42.12, Code of Criminal Procedure, as added by this Act, |
|
apply only to a person who is placed on community supervision for an |
|
offense committed on or after the effective date of this Act. A |
|
person who is placed on community supervision for an offense |
|
committed before the effective date of this Act is governed by the |
|
law in effect on the date 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. |
|
SECTION 3.10. Section 54.0491, Family Code, as added by |
|
this Act, applies only to conduct that violates a penal law of this |
|
state and that occurs on or after the effective date of this Act. |
|
Conduct that violates a penal law of this state and that occurs |
|
before the effective date of this Act is covered by the law in |
|
effect at the time the conduct occurred, and the former law is |
|
continued in effect for that purpose. For purposes of this section, |
|
conduct occurs before the effective date of this Act if each element |
|
of the violation occurred before that date. |
|
SECTION 3.11. Section 508.227, Government Code, as added by |
|
this Act, applies only to a person released on parole or to |
|
mandatory supervision for an offense committed on or after the |
|
effective date of this Act. A person released on parole or to |
|
mandatory supervision for an offense committed before the effective |
|
date of this Act is governed by the law in effect on the date 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. |
|
SECTION 3.12. Subsection (b), Section 3.03, Penal Code, as |
|
amended by this Act, 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. |
|
ARTICLE 4. GRAFFITI |
|
SECTION 4.01. Subchapter C, Chapter 101, Civil Practice and |
|
Remedies Code, is amended by adding Section 101.067 to read as |
|
follows: |
|
Sec. 101.067. GRAFFITI REMOVAL. This chapter does not |
|
apply to a claim for property damage caused by the removal of |
|
graffiti under Section 250.006, Local Government Code. |
|
SECTION 4.02. Subsections (a) and (c), Article 102.0171, |
|
Code of Criminal Procedure, are amended to read as follows: |
|
(a) A defendant convicted of an offense under Section 28.08, |
|
Penal Code, in a county court, county court at law, or district |
|
court shall pay a [$50] juvenile delinquency prevention and |
|
graffiti eradication fee as a cost of court. The amount of the fee |
|
under this section must be not less than $50 or more than $500. In |
|
setting the amount of the fee, the court shall increase the fee |
|
based on the amount of pecuniary loss in the case and the number of |
|
times the defendant has been previously convicted of an offense |
|
under Section 28.08, Penal Code. |
|
(c) The clerks of the respective courts shall collect the |
|
costs and pay them to the county treasurer or to any other official |
|
who discharges the duties commonly delegated to the county |
|
treasurer for deposit in a fund to be known as the county juvenile |
|
delinquency prevention fund. A fund designated by this subsection |
|
may be used only to: |
|
(1) repair damage caused by the commission of offenses |
|
under Section 28.08, Penal Code; |
|
(2) provide educational and intervention programs and |
|
materials, including printed educational materials for |
|
distribution to primary and secondary school students, designed to |
|
prevent individuals from committing offenses under Section 28.08, |
|
Penal Code; |
|
(3) provide to the public rewards for identifying and |
|
aiding in the apprehension and prosecution of offenders who commit |
|
offenses under Section 28.08, Penal Code; |
|
(4) provide funding for teen recognition and teen |
|
recreation programs; |
|
(5) provide funding for local teen court programs; |
|
(6) provide funding for the local juvenile probation |
|
department; [and] |
|
(7) provide educational and intervention programs |
|
designed to prevent juveniles from engaging in delinquent conduct; |
|
and |
|
(8) provide funding for community art programs. |
|
SECTION 4.03. Subsection (a), Section 54.0461, Family Code, |
|
is amended to read as follows: |
|
(a) If a child is adjudicated as having engaged in |
|
delinquent conduct that violates Section 28.08, Penal Code, the |
|
juvenile court shall order the child, parent, or other person |
|
responsible for the child's support to pay to the court a [$50] |
|
juvenile delinquency prevention fee as a cost of court. The amount |
|
of the fee under this section must be not less than $50 or more than |
|
$500. In setting the amount of the fee, the court shall increase |
|
the fee based on the amount of pecuniary loss resulting from the |
|
conduct and the number of times the child has been previously |
|
adjudicated as having engaged in delinquent conduct violating |
|
Section 28.08, Penal Code. |
|
SECTION 4.04. Section 102.041, Government Code, as amended |
|
by Chapter 921 (H.B. 3167), Acts of the 80th Legislature, Regular |
|
Session, 2007, is amended to read as follows: |
|
Sec. 102.041. ADDITIONAL COURT COSTS ON CONVICTION IN |
|
DISTRICT COURT: CODE OF CRIMINAL PROCEDURE. The clerk of a district |
|
court shall collect fees and costs under the Code of Criminal |
|
Procedure on conviction of a defendant as follows: |
|
(1) a jury fee (Art. 102.004, Code of Criminal |
|
Procedure) . . . $20; |
|
(2) a fee for clerk of the court services (Art. |
|
102.005, Code of Criminal Procedure) . . . $40; |
|
(3) a records management and preservation services fee |
|
(Art. 102.005, Code of Criminal Procedure) . . . $25; |
|
(4) a security fee on a felony offense (Art. 102.017, |
|
Code of Criminal Procedure) . . . $5; |
|
(5) a security fee on a misdemeanor offense (Art. |
|
102.017, Code of Criminal Procedure) . . . $3; and |
|
(6) a juvenile delinquency prevention and graffiti |
|
eradication fee (Art. 102.0171, Code of Criminal Procedure) . . . |
|
not less than $50 or more than $500 [$5]. |
|
SECTION 4.05. Section 102.061, Government Code, as amended |
|
by Chapter 921 (H.B. 3167), Acts of the 80th Legislature, Regular |
|
Session, 2007, is amended to read as follows: |
|
Sec. 102.061. ADDITIONAL COURT COSTS ON CONVICTION IN |
|
STATUTORY COUNTY COURT: CODE OF CRIMINAL PROCEDURE. The clerk of a |
|
statutory county court shall collect fees and costs under the Code |
|
of Criminal Procedure on conviction of a defendant as follows: |
|
(1) a jury fee (Art. 102.004, Code of Criminal |
|
Procedure) . . . $20; |
|
(2) a fee for services of the clerk of the court (Art. |
|
102.005, Code of Criminal Procedure) . . . $40; |
|
(3) a records management and preservation services fee |
|
(Art. 102.005, Code of Criminal Procedure) . . . $25; |
|
(4) a security fee on a misdemeanor offense (Art. |
|
102.017, Code of Criminal Procedure) . . . $3; |
|
(5) a juvenile delinquency prevention and graffiti |
|
eradication fee (Art. 102.0171, Code of Criminal Procedure) . . . |
|
not less than $50 or more than $500 [$5]; and |
|
(6) a juvenile case manager fee (Art. 102.0174, Code |
|
of Criminal Procedure) . . . not to exceed $5. |
|
SECTION 4.06. Section 102.081, Government Code, as amended |
|
by Chapter 921 (H.B. 3167), Acts of the 80th Legislature, Regular |
|
Session, 2007, is amended to read as follows: |
|
Sec. 102.081. ADDITIONAL COURT COSTS ON CONVICTION IN |
|
COUNTY COURT: CODE OF CRIMINAL PROCEDURE. The clerk of a county |
|
court shall collect fees and costs under the Code of Criminal |
|
Procedure on conviction of a defendant as follows: |
|
(1) a jury fee (Art. 102.004, Code of Criminal |
|
Procedure) . . . $20; |
|
(2) a fee for clerk of the court services (Art. |
|
102.005, Code of Criminal Procedure) . . . $40; |
|
(3) a records management and preservation services fee |
|
(Art. 102.005, Code of Criminal Procedure) . . . $25; |
|
(4) a security fee on a misdemeanor offense (Art. |
|
102.017, Code of Criminal Procedure) . . . $3; |
|
(5) a juvenile delinquency prevention and graffiti |
|
eradication fee (Art. 102.0171, Code of Criminal Procedure) . . . |
|
not less than $50 or more than $500 [$5]; and |
|
(6) a juvenile case manager fee (Art. 102.0174, Code |
|
of Criminal Procedure) . . . not to exceed $5. |
|
SECTION 4.07. Section 103.0212, Government Code, is amended |
|
to read as follows: |
|
Sec. 103.0212. ADDITIONAL FEES AND COSTS IN CRIMINAL OR |
|
CIVIL CASES: FAMILY CODE. An accused or defendant, or a party to a |
|
civil suit, as applicable, shall pay the following fees and costs |
|
under the Family Code if ordered by the court or otherwise required: |
|
(1) in family matters: |
|
(A) issuing writ of withholding (Sec. 8.262, |
|
Family Code) . . . $15; |
|
(B) filing copy of writ of withholding to |
|
subsequent employer (Sec. 8.267, Family Code) . . . $15; |
|
(C) issuing and delivering modified writ of |
|
withholding or notice of termination (Sec. 8.302, Family Code) |
|
. . . $15; |
|
(D) issuing and delivering notice of termination |
|
of withholding (Sec. 8.303, Family Code) . . . $15; |
|
(E) issuance of change of name certificate (Sec. |
|
45.106, Family Code) . . . $10; |
|
(F) protective order fee (Sec. 81.003, Family |
|
Code) . . . $16; |
|
(G) filing suit requesting adoption of child |
|
(Sec. 108.006, Family Code) . . . $15; |
|
(H) filing fees for suits affecting parent-child |
|
relationship (Sec. 110.002, Family Code): |
|
(i) suit or motion for modification (Sec. |
|
110.002, Family Code) . . . $15; |
|
(ii) motion for enforcement (Sec. 110.002, |
|
Family Code) . . . $15; |
|
(iii) notice of application for judicial |
|
writ of withholding (Sec. 110.002, Family Code) . . . $15; |
|
(iv) motion to transfer (Sec. 110.002, |
|
Family Code) . . . $15; |
|
(v) petition for license suspension (Sec. |
|
110.002, Family Code) . . . $15; |
|
(vi) motion to revoke a stay of license |
|
suspension (Sec. 110.002, Family Code) . . . $15; and |
|
(vii) motion for contempt (Sec. 110.002, |
|
Family Code) . . . $15; |
|
(I) order or writ of income withholding to be |
|
delivered to employer (Sec. 110.004, Family Code) . . . not to |
|
exceed $15; |
|
(J) filing fee for transferred case (Sec. |
|
110.005, Family Code) . . . $45; |
|
(K) filing a writ of withholding (Sec. 158.319, |
|
Family Code) . . . $15; |
|
(L) filing a request for modified writ of |
|
withholding or notice of termination (Sec. 158.403, Family Code) |
|
. . . not to exceed $15; |
|
(M) filing an administrative writ to employer |
|
(Sec. 158.503, Family Code) . . . not to exceed $15; and |
|
(N) genetic testing fees in relation to a child |
|
born to a gestational mother (Sec. 160.762, Family Code) . . . as |
|
assessed by the court; and |
|
(2) in juvenile court: |
|
(A) fee schedule for deferred prosecution |
|
services (Sec. 53.03, Family Code) . . . maximum fee of $15 a month; |
|
(B) a request fee for a teen court program |
|
[administration fee] (Sec. 54.032, Family Code) . . . $20, if the |
|
court ordering the fee is located in the Texas-Louisiana border |
|
region, but otherwise not to exceed $10; |
|
(C) court costs for juvenile probation diversion |
|
fund (Sec. 54.0411, Family Code) . . . $20; |
|
(D) a juvenile delinquency prevention fee (Sec. |
|
54.0461, Family Code) . . . not less than $50 or more than $500 |
|
[$5]; [and] |
|
(E) a court fee for child's probationary period |
|
(Sec. 54.061, Family Code) . . . not to exceed $15 a month; and |
|
(F) a fee to cover costs of required duties of |
|
teen court (Sec. 54.032, Family Code) . . . $20, if the court |
|
ordering the fee is located in the Texas-Louisiana border region, |
|
but otherwise not to exceed $10. |
|
SECTION 4.08. Subsection (a), Section 485.018, Health and |
|
Safety Code, is amended to read as follows: |
|
(a) A political subdivision or an agency of this state may |
|
not enact an ordinance or rule that requires a business |
|
establishment to display an abusable volatile chemical, other than |
|
aerosol paint, in a manner that makes the chemical accessible to |
|
patrons of the business only with the assistance of personnel of the |
|
business. |
|
SECTION 4.09. Chapter 250, Local Government Code, is |
|
amended by adding Section 250.006 to read as follows: |
|
Sec. 250.006. GRAFFITI REMOVAL. (a) Except as provided by |
|
Subsection (g), a county by order or a municipality by ordinance may |
|
require the owner of property within the jurisdiction of the county |
|
or municipality to remove graffiti from the owner's property on |
|
receipt of notice from the county or municipality. |
|
(b) The order or ordinance must require a property owner to |
|
remove the graffiti on or before the 10th day after the date the |
|
property owner receives notice under Subsection (a), except that if |
|
the property owner requests the county or municipality, as |
|
applicable, to remove the graffiti or if the property owner fails to |
|
remove the graffiti on or before the 10th day after the date of |
|
receipt of the notice, the county or municipality may remove the |
|
graffiti and charge the expenses of removal to the property owner in |
|
accordance with a fee schedule adopted by the county or |
|
municipality. |
|
(c) The notice required by Subsection (a) must be given: |
|
(1) personally to the owner in writing; |
|
(2) by letter sent by certified mail, addressed to the |
|
property owner at the property owner's address as contained in the |
|
records of the appraisal district in which the property is located; |
|
or |
|
(3) if service cannot be obtained under Subdivision |
|
(1) or (2): |
|
(A) by publication at least once in a newspaper |
|
of general circulation in the county or municipality; |
|
(B) by posting the notice on or near the front |
|
door of each building on the property to which the notice relates; |
|
or |
|
(C) by posting the notice on a placard attached |
|
to a stake driven into the ground on the property to which the |
|
notice relates. |
|
(d) The county or municipality may assess expenses incurred |
|
under Subsection (b) against the property on which the work is |
|
performed to remove the graffiti. |
|
(e) To obtain a lien against the property for expenses |
|
incurred under Subsection (b), the governing body of the county or |
|
municipality must file a statement of expenses with the county |
|
clerk. The statement of expenses must contain: |
|
(1) the name of the property owner, if known; |
|
(2) the legal description of the property; and |
|
(3) the amount of expenses incurred under Subsection |
|
(b). |
|
(f) A lien described by Subsection (e) attaches to the |
|
property on the date on which the statement of expenses is filed in |
|
the real property records of the county in which the property is |
|
located and is subordinate to: |
|
(1) any previously recorded lien; and |
|
(2) the rights of a purchaser or lender for value who |
|
acquires an interest in the property subject to the lien before the |
|
statement of expenses is filed as described by Subsection (e). |
|
(g) An order or ordinance described by this section must |
|
include an exception from the requirement that an owner of property |
|
remove graffiti from the owner's property if: |
|
(1) the graffiti is located on transportation |
|
infrastructure; and |
|
(2) the removal of the graffiti would create a hazard |
|
for the person performing the removal. |
|
SECTION 4.10. Section 101.067, Civil Practice and Remedies |
|
Code, as added by this Act, applies only to a cause of action that |
|
accrues on or after the effective date of this Act. A cause of |
|
action that accrued before the effective date of this Act is |
|
governed by the law in effect immediately before the effective date |
|
of this Act, and that law is continued in effect for that purpose. |
|
SECTION 4.11. Subsections (a) and (c), Article 102.0171, |
|
Code of Criminal Procedure, and Sections 102.041, 102.061, and |
|
102.081, Government Code, as amended by this Act, apply 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. |
|
SECTION 4.12. Subsection (a), Section 54.0461, Family Code, |
|
and Section 103.0212, Government Code, as amended by this Act, |
|
apply only to conduct that violates a penal law of this state and |
|
that occurs on or after the effective date of this Act. Conduct |
|
that violates a penal law of this state and that occurs before the |
|
effective date of this Act is covered by the law in effect at the |
|
time the conduct occurred, and the former law is continued in effect |
|
for that purpose. For purposes of this section, conduct occurs |
|
before the effective date of this Act if each element of the |
|
violation occurred before that date. |
|
ARTICLE 5. INTELLIGENCE DATABASES |
|
SECTION 5.01. Article 61.02, Code of Criminal Procedure, is |
|
amended by amending Subsection (c) and adding Subsections (d) and |
|
(e) to read as follows: |
|
(c) Criminal information collected under this chapter |
|
relating to a criminal street gang must: |
|
(1) be relevant to the identification of an |
|
organization that is reasonably suspected of involvement in |
|
criminal activity; and |
|
(2) consist of: |
|
(A) a judgment under any law that includes, as a |
|
finding or as an element of a criminal offense, participation in a |
|
criminal street gang; |
|
(B) a self-admission by the individual of |
|
criminal street gang membership that is made during a judicial |
|
proceeding; or |
|
(C) except as provided by Subsection (d), any two |
|
of the following: |
|
(i) a self-admission by the individual of |
|
criminal street gang membership that is not made during a judicial |
|
proceeding, including the use of the Internet or other electronic |
|
format or medium to post photographs or other documentation |
|
identifying the individual as a member of a criminal street gang; |
|
(ii) an identification of the individual as |
|
a criminal street gang member by a reliable informant or other |
|
individual; |
|
(iii) a corroborated identification of the |
|
individual as a criminal street gang member by an informant or other |
|
individual of unknown reliability; |
|
(iv) evidence that the individual frequents |
|
a documented area of a criminal street gang and associates with |
|
known criminal street gang members; |
|
(v) evidence that the individual uses, in |
|
more than an incidental manner, criminal street gang dress, hand |
|
signals, tattoos, or symbols, including expressions of letters, |
|
numbers, words, or marks, regardless of how or the means by [the
|
|
format or medium in] which the symbols are displayed, that are |
|
associated with a criminal street gang that operates in an area |
|
frequented by the individual and described by Subparagraph (iv); |
|
[or] |
|
(vi) evidence that the individual has been |
|
arrested or taken into custody with known criminal street gang |
|
members for an offense or conduct consistent with criminal street |
|
gang activity; |
|
(vii) evidence that the individual has |
|
visited a known criminal street gang member, other than a family |
|
member of the individual, while the gang member is confined in or |
|
committed to a penal institution; or |
|
(viii) evidence of the individual's use of |
|
technology, including the Internet, to recruit new criminal street |
|
gang members. |
|
(d) Evidence described by Subsections (c)(2)(C)(iv) and |
|
(vii) is not sufficient to create the eligibility of a person's |
|
information to be included in an intelligence database described by |
|
this chapter unless the evidence is combined with information |
|
described by another subparagraph of Subsection (c)(2)(C). |
|
(e) In this article: |
|
(1) "Family member" means a person related to another |
|
person within the third degree by consanguinity or affinity, as |
|
described by Subchapter B, Chapter 573, Government Code, except |
|
that the term does not include a person who is considered to be |
|
related to another person by affinity only as described by Section |
|
573.024(b), Government Code. |
|
(2) "Penal institution" means a confinement facility |
|
operated by or under a contract with any division of the Texas |
|
Department of Criminal Justice, a confinement facility operated by |
|
or under contract with the Texas Youth Commission, or a juvenile |
|
secure pre-adjudication or post-adjudication facility operated by |
|
or under a local juvenile probation department, or a county jail. |
|
SECTION 5.02. Subsection (b), Article 61.06, Code of |
|
Criminal Procedure, is amended to read as follows: |
|
(b) Subject to Subsection (c), information collected under |
|
this chapter relating to a criminal street gang must be removed from |
|
an intelligence database established under Article 61.02 and the |
|
intelligence database maintained by the department under Article |
|
61.03 after five [three] years if: |
|
(1) the information relates to the investigation or |
|
prosecution of criminal activity engaged in by an individual other |
|
than a child; and |
|
(2) the individual who is the subject of the |
|
information has not been arrested for criminal activity reported to |
|
the department under Chapter 60. |
|
SECTION 5.03. Subsection (c), Article 61.06, Code of |
|
Criminal Procedure, as amended by Chapters 258 (S.B. 11), 263 (S.B. |
|
103), and 1308 (S.B. 909), Acts of the 80th Legislature, Regular |
|
Session, 2007, is reenacted and amended to read as follows: |
|
(c) In determining whether information is required to be |
|
removed from an intelligence database under Subsection (b), the |
|
five-year [three-year] period does not include any period during |
|
which the individual who is the subject of the information is: |
|
(1) confined in a correctional facility operated by or |
|
under contract with the Texas Department of Criminal Justice; |
|
(2) committed to a secure correctional facility |
|
operated by or under contract with the Texas Youth Commission, as |
|
defined by Section 51.02, Family Code; or |
|
(3) confined in a county jail or confined in or |
|
committed to a facility operated by a juvenile board in lieu of |
|
being confined in a correctional facility operated by or under |
|
contract with the Texas Department of Criminal Justice or being |
|
committed to a secure correctional facility operated by or under |
|
contract with the Texas Youth Commission. |
|
SECTION 5.04. Article 61.06, Code of Criminal Procedure, as |
|
amended by this Act, applies to any applicable information |
|
maintained in an intelligence database under Chapter 61 of that |
|
code on or after the effective date of this Act. |
|
ARTICLE 6. LICENSE RESTRICTIONS |
|
SECTION 6.01. Article 42.12, Code of Criminal Procedure, is |
|
amended by adding Section 13F to read as follows: |
|
Sec. 13F. RESTRICTIONS ON OPERATION OF MOTOR VEHICLE FOR |
|
DEFENDANTS CONVICTED OF CERTAIN ORGANIZED CRIME OFFENSES. A court |
|
granting community supervision to a defendant convicted of an |
|
offense under Chapter 71, Penal Code, may impose as a condition of |
|
community supervision restrictions on the defendant's operation of |
|
a motor vehicle, including specifying: |
|
(1) hours during which the defendant may not operate a |
|
motor vehicle; and |
|
(2) locations at or in which the defendant may not |
|
operate a motor vehicle. |
|
SECTION 6.02. (a) The change in law made by this article |
|
applies only to an offense committed on or after the effective date |
|
of this Act. |
|
(b) 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 subsection, an offense was committed before the |
|
effective date of this Act if any element of the offense was |
|
committed before that date. |
|
ARTICLE 7. MISCELLANEOUS PROVISIONS |
|
SECTION 7.01. Chapter 772, Government Code, is amended by |
|
adding Section 772.007 to read as follows: |
|
Sec. 772.007. TEXAS ANTI-GANG GRANT PROGRAM. (a) The |
|
criminal justice division established under Section 772.006 shall |
|
administer a competitive grant program to support regional, |
|
multidisciplinary approaches to combat gang violence through the |
|
coordination of gang prevention, intervention, and suppression |
|
activities. |
|
(b) The grant program administered under this section must |
|
be directed toward regions of this state that have demonstrably |
|
high levels of gang violence. |
|
(c) The criminal justice division shall award grants to |
|
qualified applicants, as determined by the division, that |
|
demonstrate a comprehensive approach that balances gang |
|
prevention, intervention, and suppression activities to reduce |
|
gang violence. |
|
(d) The criminal justice division shall include in the |
|
biennial report required by Section 772.006(a)(9) detailed |
|
reporting of the results and performance of the grant program |
|
administered under this section. |
|
(e) The criminal justice division may use any revenue |
|
available for purposes of this section. |
|
ARTICLE 8. CONFLICT OF LAW AND EFFECTIVE DATE PROVISIONS |
|
SECTION 8.01. To the extent of any conflict, this Act |
|
prevails over another Act of the 81st Legislature, Regular Session, |
|
2009, relating to nonsubstantive additions to and corrections in |
|
enacted codes. |
|
SECTION 8.02. This Act takes effect September 1, 2009, |
|
except that Sections 37.110 and 51.973, Education Code, and Section |
|
42.064, Human Resources Code, as added by this Act, take effect |
|
immediately if this Act receives a vote of two-thirds of all the |
|
members elected to each house, as provided by Section 39, Article |
|
III, Texas Constitution. If this Act does not receive the vote |
|
necessary for immediate effect, those sections of the Education |
|
Code and Human Resources Code take effect September 1, 2009. |