|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
relating to the investigation, prosecution, and punishment for |
|
certain gang-related and other offenses and to the civil |
|
consequences of engaging in certain activities of a criminal street |
|
gang; providing penalties. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. Title 4, Civil Practice and Remedies Code, is |
|
amended by adding Chapter 100B to read as follows: |
|
CHAPTER 100B. CRIMINAL STREET GANG LIABILITY |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 100B.001. DEFINITIONS. In this chapter: |
|
(1) "Child" means a person younger than 18 years of |
|
age. |
|
(2) "Criminal street gang" means three or more persons |
|
having a common identifying sign or symbol or an identifiable |
|
leadership who continuously or regularly associate in the |
|
commission of criminal activities. |
|
(3) "Continuously or regularly" means at least five |
|
times in a period of not more than 12 months. |
|
(4) "Gang activity" has the meaning assigned by |
|
Section 125.061. |
|
(5) "Governmental entity" means: |
|
(A) this state and any agency of the state; and |
|
(B) 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. |
|
(6) "Parent" means a natural or adoptive parent, |
|
managing or possessory conservator, or legal guardian of a person. |
|
[Sections 100B.002-100B.050 reserved for expansion] |
|
SUBCHAPTER B. LIABILITY TO PARENT |
|
Sec. 100B.051. LIABILITY. A criminal street gang or a |
|
member of a criminal street gang is liable to the parent of a child |
|
for damages arising from the criminal street gang's or a member of |
|
the criminal street gang's recruitment or inducement of the child |
|
to become a member of the criminal street gang. |
|
Sec. 100B.052. DAMAGES. (a) A plaintiff who prevails in a |
|
suit under this chapter may recover economic and noneconomic |
|
damages. |
|
(b) In addition to an award under Subsection (a), a |
|
plaintiff who prevails in a suit under this chapter may recover |
|
exemplary damages and court costs and reasonable attorney's fees. |
|
[Sections 100B.053-100B.100 reserved for expansion] |
|
SUBCHAPTER C. LIABILITY TO GOVERNMENTAL ENTITY |
|
Sec. 100B.101. LIABILITY. A criminal street gang or a |
|
member of a criminal street gang is liable to a governmental entity |
|
for damages arising from activities of a criminal street gang, |
|
including: |
|
(1) the cost of: |
|
(A) policing property owned by the governmental |
|
entity; and |
|
(B) governmental services provided as a result of |
|
the criminal street gang activity; and |
|
(2) the amount by which the value of property owned by |
|
the governmental entity or the entity's revenue from ad valorem |
|
taxes on property in the entity's jurisdiction or any other taxes |
|
collected in the entity's jurisdiction is reduced. |
|
Sec. 100B.102. DAMAGES. (a) A governmental entity that |
|
prevails in a suit under this chapter may recover economic damages. |
|
(b) In addition to an award under Subsection (a), a |
|
governmental entity that prevails in a suit under this chapter may |
|
recover exemplary damages and court costs and reasonable attorney's |
|
fees. |
|
[Sections 100B.103-100B.150 reserved for expansion] |
|
SUBCHAPTER D. LIABILITY TO NEIGHBORHOOD OR COMMUNITY |
|
Sec. 100B.151. LIABILITY. A criminal street gang or a |
|
member of a criminal street gang is liable to a neighborhood or |
|
community injured by a public nuisance described by Subchapter D, |
|
Chapter 125, arising out of gang activity engaged in by the gang. |
|
Sec. 100B.152. DAMAGES. (a) A district, county, or city |
|
attorney, the attorney general, or a resident of the state may sue |
|
for money damages on behalf of a neighborhood or community injured |
|
by a public nuisance described by Subchapter D, Chapter 125. |
|
(b) In addition to an award under Subsection (a), a |
|
neighborhood or community that prevails in a suit under this |
|
subchapter may recover exemplary damages and court costs and |
|
reasonable attorney's fees. |
|
[Sections 100B.153-100B.200 reserved for expansion] |
|
SUBCHAPTER E. EXECUTION ON JUDGMENT |
|
Sec. 100B.201. LEVY ON PROPERTY OF GANG OR MEMBER. The |
|
property of the criminal street gang or a member of the street gang |
|
may be seized in execution on a judgment under this chapter. |
|
SECTION 2. 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. 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 4. Section 11(a), 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 convicted of an offense involving |
|
or furthering criminal street gang activity; |
|
(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 5. Article 59.01(2), 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 |
|
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; or |
|
(x) any offense under Chapter 71, 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) or (x) 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) or (x) 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 6. 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) is subject to |
|
forfeiture under this chapter and Article 18.18, the attorney |
|
representing the state may proceed under either provision. |
|
SECTION 7. 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 8. Subchapter A, Chapter 411, Government Code, is |
|
amended by adding Section 411.0207 to read as follows: |
|
Sec. 411.0207. LAW ENFORCEMENT INTERNAL AFFAIRS UNIT. |
|
(a) In this section, "organized criminal activity" means conduct |
|
that constitutes an offense under Section 71.02, Penal Code. |
|
(b) A law enforcement internal affairs unit is created |
|
within the department to assist in the management of allegations of |
|
participation in organized criminal activity by: |
|
(1) an individual elected, appointed, or employed to |
|
serve as a peace officer for a governmental entity of this state |
|
under Article 2.12, Code of Criminal Procedure; or |
|
(2) a federal law enforcement officer while performing |
|
duties in this state. |
|
(c) The unit shall: |
|
(1) assist district attorneys and county attorneys in |
|
the investigation and prosecution of allegations described by |
|
Subsection (b); |
|
(2) if requested by the agency, assist a state or local |
|
law enforcement agency with the investigation of complaints against |
|
law enforcement officers in the agency; |
|
(3) assist the United States Department of Justice or |
|
any other appropriate federal department or agency in the |
|
investigation and prosecution of allegations described by |
|
Subsection (b); |
|
(4) if requested by the agency, assist a federal law |
|
enforcement agency with the investigation of complaints against law |
|
enforcement officers in the agency; |
|
(5) serve as a clearinghouse for information relating |
|
to the investigation and prosecution of allegations described by |
|
Subsection (b); and |
|
(6) report to the highest-ranking officer of the Texas |
|
Rangers division of the department. |
|
(d) The commission may direct an investigation by the unit |
|
if the commission determines that providing direction is in the |
|
best interest of this state. |
|
(e) To the extent allowed by law, a state or local law |
|
enforcement agency shall cooperate with the law enforcement |
|
internal affairs unit by providing information requested by the |
|
unit as necessary to carry out the purposes of this section. |
|
Information described by this subsection is excepted from required |
|
disclosure under Chapter 552 in the manner provided by Section |
|
552.108. |
|
SECTION 9. Section 3.03(a), Penal Code, is amended to read |
|
as follows: |
|
(a) When the accused is found guilty of more than one |
|
offense arising out of the same criminal episode prosecuted in a |
|
single criminal action, a sentence for each offense for which he has |
|
been found guilty shall be pronounced. Except as provided by |
|
Subsection (b) and Section 3.05, the sentences shall run |
|
concurrently. |
|
SECTION 10. Section 3.04(b), Penal Code, is amended to read |
|
as follows: |
|
(b) In the event of severance under this section, the |
|
provisions of Section 3.03 do not apply, and, except as provided by |
|
Section 3.05, the court in its discretion may order the sentences to |
|
run either concurrently or consecutively. |
|
SECTION 11. Section 15.031(e), 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 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 12. Section 22.015(a), 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 13. Section 22.015(b), 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 14. Chapter 33, Penal Code, is amended by adding |
|
Section 33.06 to read as follows: |
|
Sec. 33.06. ONLINE PROMOTION OF A CRIMINAL STREET GANG. |
|
(a) In this section, "criminal street gang" has the meaning |
|
assigned by Section 71.01. |
|
(b) A person commits an offense if, with the intent to |
|
benefit, to promote, or to further the interests of a criminal |
|
street gang or to increase the person's standing, position, or |
|
status in the criminal street gang, the person uses the Internet, |
|
including distributing, selling, transmitting, or posting on the |
|
Internet an audio, video, or still representation of a person |
|
engaged in criminal activity, to: |
|
(1) intimidate or harass another person; or |
|
(2) advertise the presence of the criminal street gang |
|
in a specific geographic location. |
|
(c) An offense under this section is a state jail felony. |
|
SECTION 15. Section 37.10, Penal Code, is amended by adding |
|
Subsection (j) to read as follows: |
|
(j) It is not a defense to prosecution under Subsection |
|
(a)(2) that the record, document, or thing made, presented, or used |
|
displays or contains the statement "NOT A GOVERNMENT DOCUMENT" or |
|
another substantially similar statement intended to alert a person |
|
to the falsity of the record, document, or thing, unless the record, |
|
document, or thing displays the statement diagonally printed |
|
clearly and indelibly on both the front and back of the record, |
|
document, or thing in solid red capital letters at least one-fourth |
|
inch in height. |
|
SECTION 16. Section 38.02, Penal Code, is amended by |
|
amending Subsection (c) and adding Subsection (d-1) to read as |
|
follows: |
|
(c) Except as provided by Subsections (d) and (d-1) [(e)], |
|
an offense under this section is: |
|
(1) a Class C misdemeanor if the offense is committed |
|
under Subsection (a); or |
|
(2) a Class B misdemeanor if the offense is committed |
|
under Subsection (b). |
|
(d-1) An offense under Subsection (b) is a state jail felony |
|
if it is shown on the trial of the offense that the actor: |
|
(1) was at the time of the offense 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 17. Chapter 71, Penal Code, is amended by adding |
|
Section 71.024 to read as follows: |
|
Sec. 71.024. CAUSING OR ENCOURAGING CHILD TO PARTICIPATE IN |
|
GANG-RELATED CRIMINAL ACTIVITY. (a) In this section, "child" |
|
means an individual younger than 17 years of age. |
|
(b) A person commits an offense if the person intentionally, |
|
knowingly, or recklessly, by act or omission, causes or encourages |
|
a child to participate in any criminal activity that is: |
|
(1) committed by a criminal street gang; and |
|
(2) punishable as a Class A misdemeanor or a felony. |
|
(c) An offense under this section is a felony of the third |
|
degree if the offense is committed intentionally or knowingly. An |
|
offense under this section is a Class A misdemeanor if the offense |
|
is committed recklessly. |
|
(d) If conduct, including an omission, constituting an |
|
offense under this section also constitutes an offense under |
|
another section of this code, the actor may be prosecuted under |
|
either section or under both sections. |
|
SECTION 18. Section 521.343(a), Transportation Code, is |
|
amended to read as follows: |
|
(a) Except as provided by Sections 521.342(b), 521.344(a), |
|
(b), (d), (e), (f), (g), (h), and (i), 521.345, 521.346, 521.3465, |
|
[and] 521.351, and 521.352, a suspension under this subchapter is |
|
for one year. |
|
SECTION 19. Subchapter O, Chapter 521, Transportation Code, |
|
is amended by adding Section 521.352 to read as follows: |
|
Sec. 521.352. SUSPENSION FOR CERTAIN ORGANIZED CRIME |
|
OFFENSES. (a) A person's license is automatically suspended on |
|
conviction of the person for an offense under Chapter 71, Penal |
|
Code. |
|
(b) The department may not issue a driver's license to a |
|
person convicted of an offense specified in Subsection (a) who, on |
|
the date of the conviction, did not hold a license. |
|
(c) The period of license suspension or prohibition under |
|
this section begins on a date set by the court that is not earlier |
|
than the date of conviction or later than the 30th day after the |
|
date of conviction. Except as provided by Subsection (d), the |
|
period of license suspension or prohibition under this section |
|
expires on the first anniversary of the date the suspension or |
|
prohibition began. |
|
(d) If on the date of conviction the defendant is younger |
|
than 21 years of age, the period of license suspension or |
|
prohibition continues until the later of: |
|
(1) the first anniversary of the date the suspension |
|
or prohibition began; or |
|
(2) the date on which the defendant attains the age of |
|
21. |
|
SECTION 20. Section 521.457, Transportation Code, is |
|
amended by amending Subsection (e) and adding Subsection (f-2) to |
|
read as follows: |
|
(e) Except as provided by Subsections (f), [and] (f-1), and |
|
(f-2), an offense under this section is a Class C misdemeanor. |
|
(f-2) If it is shown on the trial of an offense under this |
|
section that the person operated a motor vehicle on a highway during |
|
a period that the person's driver's license was suspended under |
|
Section 521.352 or the person was prohibited from obtaining a |
|
driver's license under that section, the offense is a Class A |
|
misdemeanor. |
|
SECTION 21. 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 22. Chapter 100B, 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 23. Section 9, Article 42.01, Code of Criminal |
|
Procedure, and Article 42.0197, Code of Criminal Procedure, as |
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added by this Act, apply only to a judgment of conviction entered on |
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or after the effective date of this Act. |
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SECTION 24. Section 11(a), Article 42.12, Code of Criminal |
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Procedure, as amended by this Act, applies only to a person who is |
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placed on community supervision for an offense committed on or |
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after the effective date of this Act. A person who is placed on |
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community supervision for an offense committed before the effective |
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date of this Act is governed by the law in effect on the date the |
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offense was committed, and the former law is continued in effect for |
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that purpose. For purposes of this section, an offense was |
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committed before the effective date of this Act if any element of |
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the offense occurred before that date. |
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SECTION 25. Article 59.01(2), Code of Criminal Procedure, |
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as amended by this Act, and Article 59.011, Code of Criminal |
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Procedure, as added by this Act, apply only to the forfeiture of |
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property used in the commission of an offense committed on or after |
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the effective date of this Act. Forfeiture of property used in the |
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commission of an offense committed before the effective date of |
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this Act is governed by the law in effect when the offense was |
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committed, and the former law is continued in effect for that |
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purpose. For purposes of this section, an offense was committed |
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before the effective date of this Act if any element of the offense |
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occurred before that date. |
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SECTION 26. Section 54.0491, Family Code, as added by this |
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Act, applies only to conduct that violates a penal law of this state |
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and occurs on or after the effective date of this Act. Conduct that |
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violates a penal law of this state and occurs before the effective |
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date of this Act is covered by the law in effect at the time the |
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conduct occurred, and the former law is continued in effect for that |
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purpose. For purposes of this section, conduct occurs before the |
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effective date of this Act if each element of the violation occurred |
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before that date. |
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SECTION 27. Not later than December 1, 2010, the Department |
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of Public Safety shall establish the law enforcement internal |
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affairs unit under Section 411.0207, Government Code, as added by |
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this Act. |
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SECTION 28. Sections 15.031(e) and 22.015(b), Penal Code, |
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as amended by this Act, and Sections 3.05, 37.10(j), 38.02(d-1), |
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and 71.028, Penal Code, and Sections 521.352 and 521.457(f-2), |
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Transportation Code, as added by this Act, apply 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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SECTION 29. This Act takes effect September 1, 2009. |