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By: Carona |
S.B. No. 332 |
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(In the Senate - Filed December 2, 2008; February 11, 2009, |
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read first time and referred to Committee on Transportation and |
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Homeland Security; April 8, 2009, reported adversely, with |
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favorable Committee Substitute by the following vote: Yeas 8, |
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Nays 0; April 8, 2009, sent to printer.) |
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COMMITTEE SUBSTITUTE FOR S.B. No. 332 |
By: Carona |
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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 intervention |
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program that is appropriate for the child based on the child's level |
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of involvement in the criminal activities of a criminal street |
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gang. The intervention program: |
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(1) must include at least 12 hours of 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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intervention program is committed to the Texas Youth Commission as |
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a result of the gang-related conduct, the child must complete the |
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intervention 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. 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 3. This Act takes effect September 1, 2009. |
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