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A BILL TO BE ENTITLED
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AN ACT
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relating to the punishment for certain offenses committed against a |
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public servant by a member of a criminal street gang. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 42, Code of Criminal Procedure, is |
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amended by adding Article 42.0145 to read as follows: |
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Art. 42.0145. FINDING THAT GANG-RELATED OFFENSE COMMITTED |
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AGAINST PUBLIC SERVANT. (a) In this article: |
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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) "Government" has the meaning assigned by Section |
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1.07, Penal Code. |
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(3) "Public servant" has the meaning assigned by |
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Section 1.07, Penal Code. |
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(b) In the trial of an offense under Title 4, 5, 7, or 8, |
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Penal Code, the judge shall make an affirmative finding of fact and |
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enter the affirmative finding in the judgment of the case if, at the |
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guilt or innocence phase of the trial, the trier of fact determines |
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beyond a reasonable doubt that: |
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(1) the defendant was at the time of the offense a |
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member of a criminal street gang; |
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(2) the defendant committed the offense with the |
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intent to further the criminal activities of the criminal street |
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gang or to avoid detection as a member of a criminal street gang; |
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and |
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(3) the offense was committed against: |
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(A) a public servant who was lawfully discharging |
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a public duty and wearing a distinctive uniform or badge indicating |
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employment as a public servant; or |
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(B) government property that is clearly and |
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conspicuously marked as government property and routinely used by a |
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public servant in the lawful discharge of a public duty. |
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SECTION 2. Subchapter D, Chapter 12, Penal Code, is amended |
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by adding Section 12.475 to read as follows: |
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Sec. 12.475. PENALTY FOR GANG-RELATED OFFENSE COMMITTED |
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AGAINST PUBLIC SERVANT. (a) Except as provided by Subsections (b) |
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and (c), if an affirmative finding under Article 42.0145, Code of |
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Criminal Procedure, is made during the trial of an offense, the |
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punishment for the offense is increased to the punishment |
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prescribed for the next highest category of offense. If the offense |
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is a Class A misdemeanor, the punishment for the offense is |
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increased to a state jail felony. |
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(b) If the punishment scheme for an offense contains a |
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specific enhancement provision increasing punishment for a |
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defendant who is a member of a criminal street gang to a higher |
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category of offense than the higher category described by |
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Subsection (a), the specific enhancement provision controls over |
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this section. |
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(c) This section does not apply to the punishment for an |
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offense an element of which is being a member of or coercing, |
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soliciting, or inducing membership in a criminal street gang. |
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SECTION 3. Section 28.03, Penal Code, is amended by adding |
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Subsection (k) to read as follows: |
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(k) Notwithstanding Subsection (b), an offense under this |
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section is a state jail felony if: |
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(1) the tangible property damaged, destroyed, or |
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tampered with is government property that is clearly and |
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conspicuously marked as government property and routinely used by a |
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public servant in the lawful discharge of a public duty; |
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(2) the actor is at the time of the offense a member of |
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a criminal street gang, as defined by Section 71.01; and |
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(3) the amount of the pecuniary loss to the tangible |
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property is less than $1,500. |
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SECTION 4. The change in law made by this Act applies only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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covered by the law in effect when the offense was committed, and the |
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former law is continued in effect for that purpose. For purposes of |
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this section, an offense was committed before the effective date of |
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this Act if any element of the offense occurred before that date. |
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SECTION 5. This Act takes effect September 1, 2009. |