By: Carona  S.B. No. 332
         (In the Senate - Filed December 2, 2008; February 11, 2009,
  read first time and referred to Committee on Transportation and
  Homeland Security; April 8, 2009, reported adversely, with
  favorable Committee Substitute by the following vote:  Yeas 8,
  Nays 0; April 8, 2009, sent to printer.)
 
  COMMITTEE SUBSTITUTE FOR S.B. No. 332 By:  Carona
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to the adjudication of certain gang-related delinquent
  conduct.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  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 2.  Section 54.0491, Family Code, as added by this
  Act, applies only to conduct that violates a penal law of this state
  and occurs on or after the effective date of this Act. Conduct that
  violates a penal law of this state and 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.  This Act takes effect September 1, 2009.
 
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