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A BILL TO BE ENTITLED
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AN ACT
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relating to the prosecution of and punishment for certain criminal |
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offenses involving 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. Subsection (e), Section 15.031, Penal Code, is |
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amended to read as follows: |
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(e) An offense under this section is one category lower than |
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the solicited offense, except that an offense under this section is |
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the same category as the solicited offense if it is shown on the |
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trial of the offense that the actor: |
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(1) was at the time of the offense 17 years of age or |
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older and a member of a criminal street gang, as defined by Section |
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71.01; and |
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(2) committed the offense with the intent to: |
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(A) further the criminal activities of the |
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criminal street gang; or |
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(B) avoid detection as a member of a criminal |
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street gang. |
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SECTION 2. Subsection (a), Section 22.015, Penal Code, is |
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amended by adding Subdivision (3) to read as follows: |
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(3) "Family" has the meaning assigned by Section |
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71.003, Family Code. |
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SECTION 3. Subsection (b), Section 22.015, Penal Code, is |
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amended to read as follows: |
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(b) A person commits an offense if, with intent to coerce, |
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induce, or solicit a child to actively participate in the |
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activities of a criminal street gang, the person: |
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(1) threatens the child or a member of the child's |
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family with imminent bodily injury; or |
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(2) causes bodily injury to the child or a member of |
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the child's family. |
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SECTION 4. Chapter 33, Penal Code, is amended by adding |
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Section 33.06 to read as follows: |
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Sec. 33.06. ONLINE HARASSMENT TO FURTHER INTERESTS OF |
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CRIMINAL STREET GANG. (a) In this section: |
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(1) "Commercial social networking site" means any |
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business, organization, or other similar entity operating a website |
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that permits persons to become registered users for the purpose of |
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establishing personal relationships with other users through |
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direct or real-time communication with other users or the creation |
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of web pages or profiles available to the public or to other users. |
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The term does not include an electronic mail program. |
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(2) "Criminal street gang" has the meaning assigned by |
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Section 71.01. |
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(3) "Electronic communication" means the transmission |
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of a sign, signal, writing, image, sound, text, or other data |
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through the use of an electronic device, including a telephone, |
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cellular telephone, text messaging device, personal data |
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assistant, computer, or wireless communications device. |
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(b) A person commits an offense if the person sends an |
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electronic communication or posts a message on an electronic |
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message board or commercial social networking site with the intent |
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to: |
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(1) abuse, intimidate, harass, alarm, or threaten |
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another person; and |
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(2) benefit, promote, or further the interests of a |
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criminal street gang. |
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(c) An offense under this section is a Class B misdemeanor, |
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except that the offense is a Class A misdemeanor if the actor has |
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previously been convicted under this section. |
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SECTION 5. 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 6. This Act takes effect September 1, 2009. |
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