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A BILL TO BE ENTITLED
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AN ACT
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relating to the adjudication of certain gang-related delinquent |
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conduct. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 54, Family Code, is amended by adding |
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Section 54.0491 to read as follows: |
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Sec. 54.0491. GANG-RELATED CONDUCT. (a) In this section: |
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(1) "Criminal street gang" has the meaning assigned by |
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Section 71.01, Penal Code. |
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(2) "Gang-related conduct" means conduct that |
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violates a penal law of the grade of Class B misdemeanor or higher |
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and in which a child engages with the intent to: |
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(A) further the criminal activities of a criminal |
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street gang of which the child is a member; |
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(B) gain membership in a criminal street gang; or |
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(C) avoid detection as a member of a criminal |
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street gang. |
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(b) A juvenile court, in a disposition hearing under Section |
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54.04 regarding a child who has been adjudicated to have engaged in |
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delinquent conduct that is also gang-related conduct, shall order |
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the child to participate in a criminal street gang awareness |
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program that explains the dangers and risks inherent in and the |
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criminal consequences of seeking to join or being a member of a |
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criminal street gang. The awareness program: |
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(1) must include at least 12 classroom hours of |
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instruction; and |
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(2) may include voluntary tattoo removal. |
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(c) If a child required to attend a criminal street gang |
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awareness program is committed to the Texas Youth Commission as a |
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result of the gang-related conduct, the child must complete the |
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awareness program before being discharged from the custody of or |
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released under supervision by the commission. |
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SECTION 2. The change in law made by this Act applies only |
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to conduct that occurs on or after the effective date of this Act. |
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Conduct that occurs before the effective date of this Act is covered |
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by the law in effect at the time the conduct occurred, and the |
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former law is continued in effect for that purpose. For the |
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purposes of this section, conduct violating a penal law of this |
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state occurs before the effective date of this Act if every element |
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of the violation occurred before that date. |
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SECTION 3. This Act takes effect September 1, 2009. |