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AN ACT
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relating to the prevention, investigation, prosecution, and |
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punishment for certain gang-related and other criminal offenses, |
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including engaging in organized criminal activity, and to the |
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consequences and costs of engaging in certain activities of a |
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criminal street gang or certain other criminal activity; providing |
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penalties. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 71.02(a), Penal Code, is amended to read |
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as follows: |
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(a) A person commits an offense if, with the intent to |
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establish, maintain, or participate in a combination or in the |
|
profits of a combination or as a member of a criminal street gang, |
|
he commits or conspires to commit one or more of the following: |
|
(1) murder, capital murder, arson, aggravated |
|
robbery, robbery, burglary, theft, aggravated kidnapping, |
|
kidnapping, aggravated assault, aggravated sexual assault, sexual |
|
assault, forgery, deadly conduct, assault punishable as a Class A |
|
misdemeanor, burglary of a motor vehicle, or unauthorized use of a |
|
motor vehicle; |
|
(2) any gambling offense punishable as a Class A |
|
misdemeanor; |
|
(3) promotion of prostitution, aggravated promotion |
|
of prostitution, or compelling prostitution; |
|
(4) unlawful manufacture, transportation, repair, or |
|
sale of firearms or prohibited weapons; |
|
(5) unlawful manufacture, delivery, dispensation, or |
|
distribution of a controlled substance or dangerous drug, or |
|
unlawful possession of a controlled substance or dangerous drug |
|
through forgery, fraud, misrepresentation, or deception; |
|
(6) any unlawful wholesale promotion or possession of |
|
any obscene material or obscene device with the intent to wholesale |
|
promote the same; |
|
(7) any offense under Subchapter B, Chapter 43, |
|
depicting or involving conduct by or directed toward a child |
|
younger than 18 years of age; |
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(8) any felony offense under Chapter 32; |
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(9) any offense under Chapter 36; |
|
(10) any offense under Chapter 34 or 35; |
|
(11) any offense under Section 37.11(a); |
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(12) any offense under Chapter 20A; [or] |
|
(13) any offense under Section 37.10; or |
|
(14) any offense under Section 38.06, 38.07, 38.09, or |
|
38.11. |
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SECTION 2. Section 15.031(e), Penal Code, is amended to |
|
read as follows: |
|
(e) An offense under this section is one category lower than |
|
the solicited offense, except that an offense under this section is |
|
the same category as the solicited offense if it is shown on the |
|
trial of the offense that the actor: |
|
(1) was at the time of the offense 17 years of age or |
|
older and a member of a criminal street gang, as defined by Section |
|
71.01; and |
|
(2) committed the offense with the intent to: |
|
(A) further the criminal activities of the |
|
criminal street gang; or |
|
(B) avoid detection as a member of a criminal |
|
street gang. |
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SECTION 3. Chapter 71, Penal Code, is amended by adding |
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Sections 71.023, 71.028, and 71.029 to read as follows: |
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Sec. 71.023. DIRECTING ACTIVITIES OF CERTAIN CRIMINAL |
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STREET GANGS. (a) A person commits an offense if the person |
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knowingly initiates, organizes, plans, finances, directs, manages, |
|
or supervises a criminal street gang or members of a criminal street |
|
gang with the intent to benefit, promote, or further the interests |
|
of the criminal street gang or to increase the person's standing, |
|
position, or status in the criminal street gang. |
|
(b) An offense under this section is a felony of the first |
|
degree. |
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(c) Notwithstanding Section 71.01, in this section, |
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"criminal street gang" means: |
|
(1) an organization that: |
|
(A) has more than 10 members whose names are |
|
included in an intelligence database under Chapter 61, Code of |
|
Criminal Procedure; |
|
(B) has a hierarchical structure that has been |
|
documented in an intelligence database under Chapter 61, Code of |
|
Criminal Procedure; |
|
(C) engages in profit-sharing among two or more |
|
members of the organization; and |
|
(D) in one or more regions of this state served by |
|
different regional councils of government, continuously or |
|
regularly engages in conduct: |
|
(i) that constitutes an offense listed in |
|
Section 3g(a)(1), Article 42.12, Code of Criminal Procedure; |
|
(ii) in which it is alleged that a deadly |
|
weapon is used or exhibited during the commission of or immediate |
|
flight from the commission of any felony offense; or |
|
(iii) that is punishable as a felony of the |
|
first or second degree under Chapter 481, Health and Safety Code; or |
|
(2) an organization that, in collaboration with an |
|
organization described by Subdivision (1), engages in conduct or |
|
commits an offense or conspires to engage in conduct or commit an |
|
offense described by Subdivision (1)(D). |
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Sec. 71.028. GANG-FREE ZONES. (a) In this section: |
|
(1) "Institution of higher education," "playground," |
|
"premises," "school," "video arcade facility," and "youth center" |
|
have the meanings assigned by Section 481.134, Health and Safety |
|
Code. |
|
(2) "Shopping mall" means an enclosed public walkway |
|
or hall area that connects retail, service, or professional |
|
establishments. |
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(b) This section applies to an offense listed in Section |
|
71.02(a)(1), (4), or (7), other than burglary, theft, burglary of a |
|
motor vehicle, or unauthorized use of a motor vehicle. |
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(c) Except as provided by Subsection (d), the punishment |
|
prescribed for an offense described by Subsection (b) is increased |
|
to the punishment prescribed for the next highest category of |
|
offense if the actor is 17 years of age or older and it is shown |
|
beyond a reasonable doubt on the trial of the offense that the actor |
|
committed the offense at a location that was: |
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(1) in, on, or within 1,000 feet of any: |
|
(A) real property that is owned, rented, or |
|
leased by a school or school board; |
|
(B) premises owned, rented, or leased by an |
|
institution of higher education; |
|
(C) premises of a public or private youth center; |
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or |
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(D) playground; |
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(2) in, on, or within 300 feet of any: |
|
(A) shopping mall; |
|
(B) movie theater; |
|
(C) premises of a public swimming pool; or |
|
(D) premises of a video arcade facility; or |
|
(3) on a school bus. |
|
(d) The punishment for an offense described by Subsection |
|
(b) may not be increased under this section if the offense is |
|
punishable under Section 71.02 as a felony of the first degree. |
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Sec. 71.029. MAPS AS EVIDENCE OF LOCATION OR AREA. (a) In a |
|
prosecution of an offense for which punishment is increased under |
|
Section 71.028, a map produced or reproduced by a municipal or |
|
county engineer for the purpose of showing the location and |
|
boundaries of gang-free zones is admissible in evidence and is |
|
prima facie evidence of the location or boundaries of those zones if |
|
the governing body of the municipality or county adopts a |
|
resolution or ordinance approving the map as an official finding |
|
and record of the location or boundaries of those zones. |
|
(b) A municipal or county engineer may, on request of the |
|
governing body of the municipality or county, revise a map that has |
|
been approved by the governing body of the municipality or county as |
|
provided by Subsection (a). |
|
(c) A municipal or county engineer shall file the original |
|
or a copy of every approved or revised map approved as provided by |
|
Subsection (a) with the county clerk of each county in which the |
|
zone is located. |
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(d) This section does not prevent the prosecution from: |
|
(1) introducing or relying on any other evidence or |
|
testimony to establish any element of an offense for which |
|
punishment is increased under Section 71.028; or |
|
(2) using or introducing any other map or diagram |
|
otherwise admissible under the Texas Rules of Evidence. |
|
SECTION 4. Subchapter D, Chapter 37, Education Code, is |
|
amended by adding Section 37.110 to read as follows: |
|
Sec. 37.110. INFORMATION REGARDING GANG-FREE ZONES. The |
|
superintendent of each public school district and the administrator |
|
of each private elementary or secondary school located in the |
|
public school district shall ensure that the student handbook for |
|
each campus in the public school district includes information on |
|
gang-free zones and the consequences of engaging in organized |
|
criminal activity within those zones. |
|
SECTION 5. Subchapter Z, Chapter 51, Education Code, is |
|
amended by adding Section 51.973 to read as follows: |
|
Sec. 51.973. INFORMATION REGARDING GANG-FREE ZONES. The |
|
governing board of each institution of higher education shall |
|
ensure that any student handbook or similar publication for the |
|
institution includes information on gang-free zones and the |
|
consequences of engaging in organized criminal activity within |
|
those zones. |
|
SECTION 6. Subchapter C, Chapter 42, Human Resources Code, |
|
is amended by adding Section 42.064 to read as follows: |
|
Sec. 42.064. INFORMATION REGARDING GANG-FREE ZONES. Each |
|
day-care center shall, in accordance with rules adopted by the |
|
executive commissioner, distribute to parents and guardians of |
|
children who attend the center information on gang-free zones and |
|
the consequences of engaging in organized criminal activity within |
|
those zones. |
|
SECTION 7. Section 37.110, Education Code, as added by this |
|
Act, applies beginning with the public school district's 2009-2010 |
|
school year. |
|
SECTION 8. Section 51.973, Education Code, as added by this |
|
Act, applies beginning with the 2009 fall semester. |
|
SECTION 9. Section 15.031(e) and Section 71.02(a), Penal |
|
Code, as amended by this Act, and Section 71.028, Penal Code, as |
|
added by this Act, apply only to an offense committed on or after |
|
the effective date of this Act. An offense committed before the |
|
effective date of this Act is covered by the law in effect when the |
|
offense was committed, and the former law is continued in effect for |
|
that purpose. For purposes of this section, an offense was |
|
committed before the effective date of this Act if any element of |
|
the offense occurred before that date. |
|
SECTION 10. Subchapter D, Chapter 125, Civil Practice and |
|
Remedies Code, is amended by adding Section 125.070 to read as |
|
follows: |
|
Sec. 125.070. CIVIL ACTION FOR VIOLATION OF INJUNCTION. |
|
(a) In this section, "governmental entity" means a political |
|
subdivision of this state, including any city, county, school |
|
district, junior college district, levee improvement district, |
|
drainage district, irrigation district, water improvement |
|
district, water control and improvement district, water control and |
|
preservation district, freshwater supply district, navigation |
|
district, conservation and reclamation district, soil conservation |
|
district, communication district, public health district, and |
|
river authority. |
|
(b) A criminal street gang or a member of a criminal street |
|
gang is liable to the state or a governmental entity injured by the |
|
violation of a temporary or permanent injunctive order under this |
|
subchapter. |
|
(c) In an action brought against a member of a criminal |
|
street gang, the plaintiff must show that the member violated the |
|
temporary or permanent injunctive order. |
|
(d) A district, county, or city attorney or the attorney |
|
general may sue for money damages on behalf of the state or a |
|
governmental entity. If the state or a governmental entity |
|
prevails in a suit under this section, the state or governmental |
|
entity may recover: |
|
(1) actual damages; |
|
(2) a civil penalty in an amount not to exceed $20,000 |
|
for each violation; and |
|
(3) court costs and attorney's fees. |
|
(e) The property of the criminal street gang or a member of |
|
the criminal street gang may be seized in execution on a judgment |
|
under this section. Property may not be seized under this |
|
subsection if the owner or interest holder of the property proves by |
|
a preponderance of the evidence that the owner or interest holder |
|
was not a member of the criminal street gang and did not violate the |
|
temporary or permanent injunctive order. The owner or interest |
|
holder of property that is in the possession of a criminal street |
|
gang or a member of the criminal street gang and that is subject to |
|
execution under this subsection must show that the property: |
|
(1) was stolen from the owner or interest holder; or |
|
(2) was used or intended to be used without the |
|
effective consent of the owner or interest holder by the criminal |
|
street gang or a member of the criminal street gang. |
|
(f) The attorney general shall deposit money received under |
|
this section for damages or as a civil penalty in the neighborhood |
|
and community recovery fund held by the attorney general outside |
|
the state treasury. Money in the fund is held by the attorney |
|
general in trust for the benefit of the community or neighborhood |
|
harmed by the violation of a temporary or permanent injunctive |
|
order. Money in the fund may be used only for the benefit of the |
|
community or neighborhood harmed by the violation of the injunctive |
|
order. Interest earned on money in the fund shall be credited to |
|
the fund. The attorney general shall account for money in the fund |
|
so that money held for the benefit of a community or neighborhood, |
|
and interest earned on that money, are not commingled with money in |
|
the fund held for the benefit of a different community or |
|
neighborhood. |
|
(g) A district, county, or city attorney who brings suit on |
|
behalf of a governmental entity shall deposit money received for |
|
damages or as a civil penalty in an account to be held in trust for |
|
the benefit of the community or neighborhood harmed by the |
|
violation of a temporary or permanent injunctive order. Money in |
|
the account may be used only for the benefit of the community or |
|
neighborhood harmed by the violation of the injunctive order. |
|
Interest earned on money in the account shall be credited to the |
|
account. The district, county, or city attorney shall account for |
|
money in the account so that money held for the benefit of a |
|
community or neighborhood, and interest earned on that money, are |
|
not commingled with money in the account held for the benefit of a |
|
different community or neighborhood. |
|
(h) An action under this section brought by the state or a |
|
governmental entity does not waive sovereign or governmental |
|
immunity for any purpose. |
|
SECTION 11. Article 59.01(2), Code of Criminal Procedure, |
|
as amended by Chapters 127 (S.B. 1694), 822 (H.B. 73), and 885 (H.B. |
|
2278), Acts of the 80th Legislature, Regular Session, 2007, is |
|
reenacted and amended to read as follows: |
|
(2) "Contraband" means property of any nature, |
|
including real, personal, tangible, or intangible, that is: |
|
(A) used in the commission of: |
|
(i) any first or second degree felony under |
|
the Penal Code; |
|
(ii) any felony under Section 15.031(b), |
|
20.05, 21.11, 38.04, Subchapter B of Chapter 43, or Chapter 29, 30, |
|
31, 32, 33, 33A, or 35, Penal Code; |
|
(iii) any felony under The Securities Act |
|
(Article 581-1 et seq., Vernon's Texas Civil Statutes); or |
|
(iv) any offense under Chapter 49, Penal |
|
Code, that is punishable as a felony of the third degree or state |
|
jail felony, if the defendant has been previously convicted three |
|
times of an offense under that chapter; |
|
(B) used or intended to be used in the commission |
|
of: |
|
(i) any felony under Chapter 481, Health |
|
and Safety Code (Texas Controlled Substances Act); |
|
(ii) any felony under Chapter 483, Health |
|
and Safety Code; |
|
(iii) a felony under Chapter 153, Finance |
|
Code; |
|
(iv) any felony under Chapter 34, Penal |
|
Code; |
|
(v) a Class A misdemeanor under Subchapter |
|
B, Chapter 365, Health and Safety Code, if the defendant has been |
|
previously convicted twice of an offense under that subchapter; |
|
(vi) any felony under Chapter 152, Finance |
|
Code; |
|
(vii) any felony under Chapter 32, Human |
|
Resources Code, or Chapter 31, 32, 35A, or 37, Penal Code, that |
|
involves the state Medicaid program; |
|
(viii) a Class B misdemeanor under Chapter |
|
522, Business & Commerce Code; [or] |
|
(ix) a Class A misdemeanor under Section |
|
35.153, Business & Commerce Code; or |
|
(x) any offense under Chapter 71, Penal |
|
Code; |
|
(C) the proceeds gained from the commission of a |
|
felony listed in Paragraph (A) or (B) of this subdivision, a |
|
misdemeanor listed in Paragraph (B)(viii) or (x) of this |
|
subdivision, or a crime of violence; |
|
(D) acquired with proceeds gained from the |
|
commission of a felony listed in Paragraph (A) or (B) of this |
|
subdivision, a misdemeanor listed in Paragraph (B)(viii) or (x) of |
|
this subdivision, or a crime of violence; or |
|
(E) used to facilitate or intended to be used to |
|
facilitate the commission of a felony under Section 15.031 or |
|
43.25, Penal Code. |
|
SECTION 12. Chapter 59, Code of Criminal Procedure, is |
|
amended by adding Article 59.011 to read as follows: |
|
Art. 59.011. ELECTION OF FORFEITURE PROCEEDING. If |
|
property described by Article 59.01(2)(B)(x) is subject to |
|
forfeiture under this chapter and Article 18.18, the attorney |
|
representing the state may proceed under either this chapter or |
|
that article. |
|
SECTION 13. Section 125.070, Civil Practice and Remedies |
|
Code, as added by this Act, applies only to a cause of action that |
|
accrues on or after the effective date of this Act. A cause of |
|
action that accrued before the effective date of this Act is |
|
governed by the law in effect immediately before the effective date |
|
of this Act, and that law is continued in effect for that purpose. |
|
SECTION 14. Article 59.01(2), Code of Criminal Procedure, |
|
as amended by this Act, and Article 59.011, Code of Criminal |
|
Procedure, as added by this Act, apply only to the forfeiture of |
|
property used in the commission of an offense committed on or after |
|
the effective date of this Act. Forfeiture of property used in the |
|
commission of an offense committed before the effective date of |
|
this Act is governed by the law in effect when the offense was |
|
committed, and the former law is continued in effect for that |
|
purpose. For purposes of this section, an offense was committed |
|
before the effective date of this Act if any element of the offense |
|
occurred before that date. |
|
SECTION 15. Article 42.01, Code of Criminal Procedure, is |
|
amended by adding Section 9 to read as follows: |
|
Sec. 9. In addition to the information described by Section |
|
1, the judgment should reflect affirmative findings entered |
|
pursuant to Article 42.0197. |
|
SECTION 16. Chapter 42, Code of Criminal Procedure, is |
|
amended by adding Article 42.0197 to read as follows: |
|
Art. 42.0197. FINDING REGARDING GANG-RELATED CONDUCT. In |
|
the trial of an offense, on the motion of the attorney representing |
|
the state the judge shall make an affirmative finding of fact and |
|
enter the affirmative finding in the judgment in the case if the |
|
judge determines that the applicable conduct was engaged in as part |
|
of the activities of a criminal street gang as defined by Section |
|
71.01, Penal Code. |
|
SECTION 17. Section 11(a), Article 42.12, Code of Criminal |
|
Procedure, is amended to read as follows: |
|
(a) The judge of the court having jurisdiction of the case |
|
shall determine the conditions of community supervision and may, at |
|
any time[,] during the period of community supervision, alter or |
|
modify the conditions. The judge may impose any reasonable |
|
condition that is designed to protect or restore the community, |
|
protect or restore the victim, or punish, rehabilitate, or reform |
|
the defendant. Conditions of community supervision may include, |
|
but shall not be limited to, the conditions that the defendant |
|
shall: |
|
(1) Commit no offense against the laws of this State or |
|
of any other State or of the United States; |
|
(2) Avoid injurious or vicious habits; |
|
(3) Avoid persons or places of disreputable or harmful |
|
character, including any person, other than a family member of the |
|
defendant, who is an active member of a criminal street gang; |
|
(4) Report to the supervision officer as directed by |
|
the judge or supervision officer and obey all rules and regulations |
|
of the community supervision and corrections department; |
|
(5) Permit the supervision officer to visit the |
|
defendant at the defendant's home or elsewhere; |
|
(6) Work faithfully at suitable employment as far as |
|
possible; |
|
(7) Remain within a specified place; |
|
(8) Pay the defendant's fine, if one is [be] assessed, |
|
and all court costs whether a fine is [be] assessed or not, in one or |
|
several sums; |
|
(9) Support the defendant's dependents; |
|
(10) Participate, for a time specified by the judge, |
|
in any community-based program, including a community-service work |
|
program under Section 16 of this article; |
|
(11) Reimburse the county in which the prosecution was |
|
instituted for compensation paid to appointed counsel for defending |
|
the defendant in the case, if counsel was appointed, or if the |
|
defendant was represented by a county-paid public defender, in an |
|
amount that would have been paid to an appointed attorney had the |
|
county not had a public defender; |
|
(12) Remain under custodial supervision in a community |
|
corrections facility, obey all rules and regulations of the [such] |
|
facility, and pay a percentage of the defendant's income to the |
|
facility for room and board; |
|
(13) Pay a percentage of the defendant's income to the |
|
defendant's dependents for their support while under custodial |
|
supervision in a community corrections facility; |
|
(14) Submit to testing for alcohol or controlled |
|
substances; |
|
(15) Attend counseling sessions for substance abusers |
|
or participate in substance abuse treatment services in a program |
|
or facility approved or licensed by the Texas Commission on Alcohol |
|
and Drug Abuse; |
|
(16) With the consent of the victim of a misdemeanor |
|
offense or of any offense under Title 7, Penal Code, participate in |
|
victim-defendant mediation; |
|
(17) Submit to electronic monitoring; |
|
(18) Reimburse the compensation to victims of crime |
|
fund for any amounts paid from that fund to or on behalf of a victim, |
|
as defined by Article 56.32, of the defendant's offense or if no |
|
reimbursement is required, make one payment to the compensation to |
|
victims of crime fund in an amount not to exceed $50 if the offense |
|
is a misdemeanor or not to exceed $100 if the offense is a felony; |
|
(19) Reimburse a law enforcement agency for the |
|
analysis, storage, or disposal of raw materials, controlled |
|
substances, chemical precursors, drug paraphernalia, or other |
|
materials seized in connection with the offense; |
|
(20) Pay all or part of the reasonable and necessary |
|
costs incurred by the victim for psychological counseling made |
|
necessary by the offense or for counseling and education relating |
|
to acquired immune deficiency syndrome or human immunodeficiency |
|
virus made necessary by the offense; |
|
(21) Make one payment in an amount not to exceed $50 to |
|
a crime stoppers organization as defined by Section 414.001, |
|
Government Code, and as certified by the Crime Stoppers Advisory |
|
Council; |
|
(22) Submit a DNA sample to the Department of Public |
|
Safety under Subchapter G, Chapter 411, Government Code, for the |
|
purpose of creating a DNA record of the defendant; |
|
(23) In any manner required by the judge, provide |
|
public notice of the offense for which the defendant was placed on |
|
community supervision in the county in which the offense was |
|
committed; and |
|
(24) Reimburse the county in which the prosecution was |
|
instituted for compensation paid to any interpreter in the case. |
|
SECTION 18. Article 42.12, Code of Criminal Procedure, is |
|
amended by adding Sections 13E and 13F to read as follows: |
|
Sec. 13E. ELECTRONIC MONITORING OF CERTAIN MEMBERS OF |
|
CRIMINAL STREET GANG WHO ARE PLACED ON COMMUNITY SUPERVISION. (a) |
|
This section applies only to a defendant who: |
|
(1) is identified as a member of a criminal street gang |
|
in an intelligence database established under Chapter 61; and |
|
(2) has two or more times been previously convicted |
|
of, or received a grant of deferred adjudication community |
|
supervision or another functionally equivalent form of community |
|
supervision or probation for, a felony offense under the laws of |
|
this state, another state, or the United States. |
|
(b) A court granting community supervision to a defendant |
|
described by Subsection (a) may, on the defendant's conviction of a |
|
felony offense, require as a condition of community supervision |
|
that the defendant submit to tracking under an electronic |
|
monitoring service or other appropriate technological service |
|
designed to track a person's location. |
|
Sec. 13F. RESTRICTIONS ON OPERATION OF MOTOR VEHICLE FOR |
|
DEFENDANTS CONVICTED OF CERTAIN ORGANIZED CRIME OFFENSES. A court |
|
granting community supervision to a defendant convicted of an |
|
offense under Chapter 71, Penal Code, may impose as a condition of |
|
community supervision restrictions on the defendant's operation of |
|
a motor vehicle, including specifying: |
|
(1) hours during which the defendant may not operate a |
|
motor vehicle; and |
|
(2) locations at or in which the defendant may not |
|
operate a motor vehicle. |
|
SECTION 19. 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 20. Subchapter G, Chapter 508, Government Code, is |
|
amended by adding Section 508.227 to read as follows: |
|
Sec. 508.227. ELECTRONIC MONITORING OF CERTAIN MEMBERS OF |
|
CRIMINAL STREET GANG. (a) This section applies only to a releasee |
|
who: |
|
(1) is identified as a member of a criminal street gang |
|
in an intelligence database established under Chapter 61, Code of |
|
Criminal Procedure; and |
|
(2) has three or more times been convicted of, or |
|
received a grant of deferred adjudication community supervision or |
|
another functionally equivalent form of community supervision or |
|
probation for, a felony offense under the laws of this state, |
|
another state, or the United States. |
|
(b) A parole panel may require as a condition of release on |
|
parole or to mandatory supervision that a releasee described by |
|
Subsection (a) submit to tracking under an electronic monitoring |
|
service or other appropriate technological service designed to |
|
track a person's location. |
|
SECTION 21. Section 3.03, Penal Code, is amended by |
|
amending Subsection (b) and adding Subsection (b-1) to read as |
|
follows: |
|
(b) If the accused is found guilty of more than one offense |
|
arising out of the same criminal episode, the sentences may run |
|
concurrently or consecutively if each sentence is for a conviction |
|
of: |
|
(1) an offense: |
|
(A) under Section 49.07 or 49.08, regardless of |
|
whether the accused is convicted of violations of the same section |
|
more than once or is convicted of violations of both sections; or |
|
(B) for which a plea agreement was reached in a |
|
case in which the accused was charged with more than one offense |
|
listed in Paragraph (A), regardless of whether the accused is |
|
charged with violations of the same section more than once or is |
|
charged with violations of both sections; |
|
(2) an offense: |
|
(A) under Section 33.021 or an offense under |
|
Section 21.02, 21.11, 22.011, 22.021, 25.02, or 43.25 committed |
|
against a victim younger than 17 years of age at the time of the |
|
commission of the offense regardless of whether the accused is |
|
convicted of violations of the same section more than once or is |
|
convicted of violations of more than one section; or |
|
(B) for which a plea agreement was reached in a |
|
case in which the accused was charged with more than one offense |
|
listed in Paragraph (A) committed against a victim younger than 17 |
|
years of age at the time of the commission of the offense regardless |
|
of whether the accused is charged with violations of the same |
|
section more than once or is charged with violations of more than |
|
one section; [or] |
|
(3) an offense: |
|
(A) under Section 21.15 or 43.26, regardless of |
|
whether the accused is convicted of violations of the same section |
|
more than once or is convicted of violations of both sections; or |
|
(B) for which a plea agreement was reached in a |
|
case in which the accused was charged with more than one offense |
|
listed in Paragraph (A), regardless of whether the accused is |
|
charged with violations of the same section more than once or is |
|
charged with violations of both sections; or |
|
(4) an offense for which the judgment in the case |
|
contains an affirmative finding under Article 42.0197, Code of |
|
Criminal Procedure. |
|
(b-1) Subsection (b)(4) does not apply to a defendant whose |
|
case was transferred to the court under Section 54.02, Family Code. |
|
SECTION 22. Section 9, Article 42.01, Code of Criminal |
|
Procedure, and Article 42.0197, Code of Criminal Procedure, as |
|
added by this Act, apply only to a judgment of conviction entered on |
|
or after the effective date of this Act. |
|
SECTION 23. Section 11(a), Article 42.12, Code of Criminal |
|
Procedure, as amended by this Act, and Sections 13E and 13F, Article |
|
42.12, Code of Criminal Procedure, as added by this Act, apply only |
|
to a person who is placed on community supervision for an offense |
|
committed on or after the effective date of this Act. A person who |
|
is placed on community supervision for an offense committed before |
|
the effective date of this Act is governed by the law in effect on |
|
the date the offense was committed, and the former law is continued |
|
in effect for that purpose. For purposes of this section, an |
|
offense was committed before the effective date of this Act if any |
|
element of the offense occurred before that date. |
|
SECTION 24. Section 54.0491, Family Code, as added by this |
|
Act, applies only to conduct that violates a penal law of this state |
|
and that occurs on or after the effective date of this Act. Conduct |
|
that violates a penal law of this state and that 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 25. Section 508.227, Government Code, as added by |
|
this Act, applies only to a person released on parole or to |
|
mandatory supervision for an offense committed on or after the |
|
effective date of this Act. A person released on parole or to |
|
mandatory supervision for an offense committed before the effective |
|
date of this Act is governed by the law in effect on the date the |
|
offense was committed, and the former law is continued in effect for |
|
that purpose. For purposes of this section, an offense was |
|
committed before the effective date of this Act if any element of |
|
the offense occurred before that date. |
|
SECTION 26. Section 3.03(b), Penal Code, as amended by this |
|
Act, applies only to an offense committed on or after the effective |
|
date of this Act. An offense committed before the effective date of |
|
this Act is covered by the law in effect when the offense was |
|
committed, and the former law is continued in effect for that |
|
purpose. For purposes of this section, an offense was committed |
|
before the effective date of this Act if any element of the offense |
|
occurred before that date. |
|
SECTION 27. Subchapter C, Chapter 101, Civil Practice and |
|
Remedies Code, is amended by adding Section 101.067 to read as |
|
follows: |
|
Sec. 101.067. GRAFFITI REMOVAL. This chapter does not |
|
apply to a claim for property damage caused by the removal of |
|
graffiti under Section 250.006, Local Government Code. |
|
SECTION 28. Section 485.018(a), Health and Safety Code, is |
|
amended to read as follows: |
|
(a) A political subdivision or an agency of this state may |
|
not enact an ordinance or rule that requires a business |
|
establishment to display an abusable volatile chemical, other than |
|
aerosol paint, in a manner that makes the chemical accessible to |
|
patrons of the business only with the assistance of personnel of the |
|
business. |
|
SECTION 29. Chapter 250, Local Government Code, is amended |
|
by adding Section 250.006 to read as follows: |
|
Sec. 250.006. GRAFFITI REMOVAL. (a) Except as provided by |
|
Subsection (h), a county by order or a municipality by ordinance may |
|
require the owner of property within the jurisdiction of the county |
|
or municipality to remove graffiti from the owner's property on |
|
receipt of notice from the county or municipality. |
|
(b) The order or ordinance must provide that a county or |
|
municipality may not give notice to a property owner under |
|
Subsection (a) unless: |
|
(1) the county or municipality has offered to remove |
|
the graffiti from the owner's property free of charge; and |
|
(2) the property owner has refused the offer. |
|
(c) The order or ordinance must require a property owner to |
|
remove the graffiti on or before the 15th day after the date the |
|
property owner receives notice under Subsection (a). If the |
|
property owner fails to remove the graffiti on or before the 15th |
|
day after the date of receipt of the notice, the county or |
|
municipality may remove the graffiti and charge the expenses of |
|
removal to the property owner in accordance with a fee schedule |
|
adopted by the county or municipality. |
|
(d) The notice required by Subsection (a) must be given: |
|
(1) personally to the owner in writing; |
|
(2) by letter sent by certified mail, addressed to the |
|
property owner at the property owner's address as contained in the |
|
records of the appraisal district in which the property is located; |
|
or |
|
(3) if service cannot be obtained under Subdivision |
|
(1) or (2): |
|
(A) by publication at least once in a newspaper |
|
of general circulation in the county or municipality; |
|
(B) by posting the notice on or near the front |
|
door of each building on the property to which the notice relates; |
|
or |
|
(C) by posting the notice on a placard attached |
|
to a stake driven into the ground on the property to which the |
|
notice relates. |
|
(e) The county or municipality may assess expenses incurred |
|
under Subsection (c) against the property on which the work is |
|
performed to remove the graffiti. |
|
(f) To obtain a lien against the property for expenses |
|
incurred under Subsection (c), the governing body of the county or |
|
municipality must file a statement of expenses with the county |
|
clerk. The statement of expenses must contain: |
|
(1) the name of the property owner, if known; |
|
(2) the legal description of the property; and |
|
(3) the amount of expenses incurred under Subsection |
|
(c). |
|
(g) A lien described by Subsection (f) attaches to the |
|
property on the date on which the statement of expenses is filed in |
|
the real property records of the county in which the property is |
|
located and is subordinate to: |
|
(1) any previously recorded lien; and |
|
(2) the rights of a purchaser or lender for value who |
|
acquires an interest in the property subject to the lien before the |
|
statement of expenses is filed as described by Subsection (f). |
|
(h) An order or ordinance described by this section must |
|
include an exception from the requirement that an owner of property |
|
remove graffiti from the owner's property if: |
|
(1) the graffiti is located on transportation |
|
infrastructure; and |
|
(2) the removal of the graffiti would create a hazard |
|
for the person performing the removal. |
|
SECTION 30. Section 101.067, Civil Practice and Remedies |
|
Code, as added by this Act, applies only to a cause of action that |
|
accrues on or after the effective date of this Act. A cause of |
|
action that accrued before the effective date of this Act is |
|
governed by the law in effect immediately before the effective date |
|
of this Act, and that law is continued in effect for that purpose. |
|
SECTION 31. Section 37.10, Penal Code, is amended by adding |
|
Subsection (j) to read as follows: |
|
(j) It is not a defense to prosecution under Subsection |
|
(a)(2) that the record, document, or thing made, presented, or used |
|
displays or contains the statement "NOT A GOVERNMENT DOCUMENT" or |
|
another substantially similar statement intended to alert a person |
|
to the falsity of the record, document, or thing, unless the record, |
|
document, or thing displays the statement diagonally printed |
|
clearly and indelibly on both the front and back of the record, |
|
document, or thing in solid red capital letters at least one-fourth |
|
inch in height. |
|
SECTION 32. Section 521.454, Transportation Code, is |
|
amended by adding Subsection (d) to read as follows: |
|
(d) If conduct constituting an offense under this section |
|
also constitutes an offense under another law, the actor may be |
|
prosecuted under this section, the other law, or both. |
|
SECTION 33. Section 521.455, Transportation Code, is |
|
amended by adding Subsection (c) to read as follows: |
|
(c) If conduct constituting an offense under this section |
|
also constitutes an offense under another law, the actor may be |
|
prosecuted under this section, the other law, or both. |
|
SECTION 34. Section 521.456, Transportation Code, is |
|
amended by adding Subsection (e) to read as follows: |
|
(e) If conduct constituting an offense under this section |
|
also constitutes an offense under another law, the actor may be |
|
prosecuted under this section, the other law, or both. |
|
SECTION 35. Section 37.10(j), Penal Code, and Sections |
|
521.454(d), 521.455(c), and 521.456(e), Transportation Code, as |
|
added by this Act, apply only to an offense committed on or after |
|
the effective date of this Act. An offense committed before the |
|
effective date of this Act is covered by the law in effect when the |
|
offense was committed, and the former law is continued in effect for |
|
that purpose. For purposes of this section, an offense was |
|
committed before the effective date of this Act if any element of |
|
the offense occurred before that date. |
|
SECTION 36. Article 61.02, Code of Criminal Procedure, is |
|
amended by amending Subsection (c) and adding Subsections (d) and |
|
(e) to read as follows: |
|
(c) Criminal information collected under this chapter |
|
relating to a criminal street gang must: |
|
(1) be relevant to the identification of an |
|
organization that is reasonably suspected of involvement in |
|
criminal activity; and |
|
(2) consist of: |
|
(A) a judgment under any law that includes, as a |
|
finding or as an element of a criminal offense, participation in a |
|
criminal street gang; |
|
(B) a self-admission by the individual of |
|
criminal street gang membership that is made during a judicial |
|
proceeding; or |
|
(C) except as provided by Subsection (d), any two |
|
of the following: |
|
(i) a self-admission by the individual of |
|
criminal street gang membership that is not made during a judicial |
|
proceeding, including the use of the Internet or other electronic |
|
format or medium to post photographs or other documentation |
|
identifying the individual as a member of a criminal street gang; |
|
(ii) an identification of the individual as |
|
a criminal street gang member by a reliable informant or other |
|
individual; |
|
(iii) a corroborated identification of the |
|
individual as a criminal street gang member by an informant or other |
|
individual of unknown reliability; |
|
(iv) evidence that the individual frequents |
|
a documented area of a criminal street gang and associates with |
|
known criminal street gang members; |
|
(v) evidence that the individual uses, in |
|
more than an incidental manner, criminal street gang dress, hand |
|
signals, tattoos, or symbols, including expressions of letters, |
|
numbers, words, or marks, regardless of how or the means by [the
|
|
format or medium in] which the symbols are displayed, that are |
|
associated with a criminal street gang that operates in an area |
|
frequented by the individual and described by Subparagraph (iv); |
|
[or] |
|
(vi) evidence that the individual has been |
|
arrested or taken into custody with known criminal street gang |
|
members for an offense or conduct consistent with criminal street |
|
gang activity; |
|
(vii) evidence that the individual has |
|
visited a known criminal street gang member, other than a family |
|
member of the individual, while the gang member is confined in or |
|
committed to a penal institution; or |
|
(viii) evidence of the individual's use of |
|
technology, including the Internet, to recruit new criminal street |
|
gang members. |
|
(d) Evidence described by Subsections (c)(2)(C)(iv) and |
|
(vii) is not sufficient to create the eligibility of a person's |
|
information to be included in an intelligence database described by |
|
this chapter unless the evidence is combined with information |
|
described by another subparagraph of Subsection (c)(2)(C). |
|
(e) In this article: |
|
(1) "Family member" means a person related to another |
|
person within the third degree by consanguinity or affinity, as |
|
described by Subchapter B, Chapter 573, Government Code, except |
|
that the term does not include a person who is considered to be |
|
related to another person by affinity only as described by Section |
|
573.024(b), Government Code. |
|
(2) "Penal institution" means a confinement facility |
|
operated by or under a contract with any division of the Texas |
|
Department of Criminal Justice, a confinement facility operated by |
|
or under contract with the Texas Youth Commission, or a juvenile |
|
secure pre-adjudication or post-adjudication facility operated by |
|
or under a local juvenile probation department, or a county jail. |
|
SECTION 37. Article 61.06(b), Code of Criminal Procedure, |
|
is amended to read as follows: |
|
(b) Subject to Subsection (c), information collected under |
|
this chapter relating to a criminal street gang must be removed from |
|
an intelligence database established under Article 61.02 and the |
|
intelligence database maintained by the department under Article |
|
61.03 after five [three] years if: |
|
(1) the information relates to the investigation or |
|
prosecution of criminal activity engaged in by an individual other |
|
than a child; and |
|
(2) the individual who is the subject of the |
|
information has not been arrested for criminal activity reported to |
|
the department under Chapter 60. |
|
SECTION 38. Article 61.06(c), Code of Criminal Procedure, |
|
as amended by Chapters 258 (S.B. 11), 263 (S.B. 103), and 1308 (S.B. |
|
909), Acts of the 80th Legislature, Regular Session, 2007, is |
|
reenacted and amended to read as follows: |
|
(c) In determining whether information is required to be |
|
removed from an intelligence database under Subsection (b), the |
|
five-year [three-year] period does not include any period during |
|
which the individual who is the subject of the information is: |
|
(1) confined in a correctional facility operated by or |
|
under contract with the Texas Department of Criminal Justice; |
|
(2) committed to a secure correctional facility |
|
operated by or under contract with the Texas Youth Commission, as |
|
defined by Section 51.02, Family Code; or |
|
(3) confined in a county jail or confined in or |
|
committed to a facility operated by a juvenile board in lieu of |
|
being confined in a correctional facility operated by or under |
|
contract with the Texas Department of Criminal Justice or being |
|
committed to a secure correctional facility operated by or under |
|
contract with the Texas Youth Commission. |
|
SECTION 39. Article 61.06, Code of Criminal Procedure, as |
|
amended by this Act, applies to any applicable information |
|
maintained in an intelligence database under Chapter 61 of that |
|
code on or after the effective date of this Act. |
|
SECTION 40. Article 18.20, Code of Criminal Procedure, is |
|
amended by adding Section 9A to read as follows: |
|
Sec. 9A. INTERCEPTION ORDER FOR COMMUNICATION BY SPECIFIED |
|
PERSON. (a) The requirements of Sections 8(a)(2)(B) and 9(b)(2) |
|
relating to the specification of the facilities from which or the |
|
place where a communication is to be intercepted do not apply if: |
|
(1) in the case of an application for an order |
|
authorizing the interception of an oral communication: |
|
(A) the application contains a full and complete |
|
statement as to why the specification is not practical and |
|
identifies the person committing or believed to be committing the |
|
offense and whose communications are to be intercepted; and |
|
(B) a judge of competent jurisdiction finds that |
|
the specification is not practical; and |
|
(2) in the case of an application for an order |
|
authorizing the interception of a wire or electronic communication: |
|
(A) the application identifies the person |
|
committing or believed to be committing the offense and whose |
|
communications are to be intercepted; |
|
(B) a judge of competent jurisdiction finds that |
|
the applicant has made an adequate showing of probable cause to |
|
believe that the actions of the person identified in the |
|
application could have the effect of thwarting interception from a |
|
specified facility; and |
|
(C) the authority to intercept a wire or |
|
electronic communication under the order is limited to a period in |
|
which it is reasonable to presume that the person identified in the |
|
application will be reasonably proximate to the interception |
|
device. |
|
(b) A person implementing an order authorizing the |
|
interception of an oral communication that, in accordance with this |
|
section, does not specify the facility from which or the place where |
|
a communication is to be intercepted may begin interception only |
|
after the person ascertains the place where the communication is to |
|
be intercepted. |
|
(c) A provider of wire or electronic communications that |
|
receives an order authorizing the interception of a wire or |
|
electronic communication that, in accordance with this section, |
|
does not specify the facility from which or the place where a |
|
communication is to be intercepted may move the court to modify or |
|
quash the order on the ground that the provider's assistance with |
|
respect to the interception cannot be performed in a timely or |
|
reasonable fashion. On notice to the state, the court shall decide |
|
the motion expeditiously. |
|
SECTION 41. Subchapter A, Chapter 411, Government Code, is |
|
amended by adding Section 411.0207 to read as follows: |
|
Sec. 411.0207. PUBLIC CORRUPTION UNIT. (a) In this |
|
section, "organized criminal activity" means conduct that |
|
constitutes an offense under Section 71.02, Penal Code. |
|
(b) A public corruption unit is created within the |
|
department to investigate and assist in the management of |
|
allegations of participation in organized criminal activity by: |
|
(1) an individual elected, appointed, or employed to |
|
serve as a peace officer for a governmental entity of this state |
|
under Article 2.12, Code of Criminal Procedure; or |
|
(2) a federal law enforcement officer while performing |
|
duties in this state. |
|
(c) The unit shall: |
|
(1) assist district attorneys and county attorneys in |
|
the investigation and prosecution of allegations described by |
|
Subsection (b); |
|
(2) if requested by the agency, assist a state or local |
|
law enforcement agency with the investigation of such allegations |
|
against law enforcement officers in the agency; |
|
(3) assist the United States Department of Justice or |
|
any other appropriate federal department or agency in the |
|
investigation and prosecution of allegations described by |
|
Subsection (b); |
|
(4) if requested by the agency, assist a federal law |
|
enforcement agency with the investigation of such allegations |
|
against law enforcement officers in the agency; |
|
(5) serve as a clearinghouse for information relating |
|
to the investigation and prosecution of allegations described by |
|
Subsection (b); and |
|
(6) report to the highest-ranking officer of the Texas |
|
Rangers division of the department. |
|
(d) On written approval of the director or of the chair of |
|
the commission, the highest-ranking officer of the Texas Rangers |
|
division of the department may initiate an investigation of an |
|
allegation of participation in organized criminal activity by a law |
|
enforcement officer described by Subsection (b)(1). Written |
|
approval under this subsection must be based on cause. |
|
(e) To the extent allowed by law, a state or local law |
|
enforcement agency shall cooperate with the public corruption unit |
|
by providing information requested by the unit as necessary to |
|
carry out the purposes of this section. Information described by |
|
this subsection is excepted from required disclosure under Chapter |
|
552 in the manner provided by Section 552.108. |
|
SECTION 42. Chapter 772, Government Code, is amended by |
|
adding Section 772.007 to read as follows: |
|
Sec. 772.007. TEXAS ANTI-GANG GRANT PROGRAM. (a) The |
|
criminal justice division established under Section 772.006 shall |
|
administer a competitive grant program to support regional, |
|
multidisciplinary approaches to combat gang violence through the |
|
coordination of gang prevention, intervention, and suppression |
|
activities. |
|
(b) The grant program administered under this section must |
|
be directed toward regions of this state that have demonstrably |
|
high levels of gang violence. |
|
(c) The criminal justice division shall award grants to |
|
qualified applicants, as determined by the division, that |
|
demonstrate a comprehensive approach that balances gang |
|
prevention, intervention, and suppression activities to reduce |
|
gang violence. |
|
(d) The criminal justice division shall include in the |
|
biennial report required by Section 772.006(a)(9) detailed |
|
reporting of the results and performance of the grant program |
|
administered under this section. |
|
(e) The criminal justice division may use any revenue |
|
available for purposes of this section. |
|
SECTION 43. Section 9A, Article 18.20, Code of Criminal |
|
Procedure, as added by this Act, applies only to an application for |
|
an order authorizing the interception of a wire, oral, or |
|
electronic communication that is submitted on or after the |
|
effective date of this Act. An application that was submitted |
|
before the effective date of this Act is covered by the law in |
|
effect on the date the application was submitted, and the former law |
|
is continued in effect for that purpose. |
|
SECTION 44. Not later than December 1, 2010, the Department |
|
of Public Safety shall establish the public corruption unit under |
|
Section 411.0207, Government Code, as added by this Act. |
|
SECTION 45. To the extent of any conflict, this Act prevails |
|
over another Act of the 81st Legislature, Regular Session, 2009, |
|
relating to nonsubstantive additions to and corrections in enacted |
|
codes. |
|
SECTION 46. (a) The Legislative Budget Board shall prepare |
|
an annual criminal justice policy impact statement for this Act. |
|
(b) The impact statement must include information |
|
concerning: |
|
(1) the number of arrests and resulting criminal |
|
dispositions under this Act; |
|
(2) the fiscal impact of arrests, trials, convictions, |
|
and imprisoning or imposing other sanctions on persons in |
|
accordance with this Act; |
|
(3) the race and ethnicity of persons arrested, |
|
prosecuted, convicted, and incarcerated under this Act; |
|
(4) the impact of this Act on existing correctional |
|
facilities, as defined by Section 1.07, Penal Code; |
|
(5) the likelihood that this Act may create a need for |
|
additional prison capacity; |
|
(6) civil action damages assessed and collected, and |
|
assets seized and forfeited under this Act; and |
|
(7) any other matter the Legislative Budget Board |
|
determines relevant. |
|
(c) The Legislative Budget Board shall complete the impact |
|
statement not later than December 1 each year, beginning December |
|
1, 2010, and make it available to the public on its website. |
|
SECTION 47. (a) Except as provided by Subsection (b), this |
|
Act takes effect September 1, 2009. |
|
(b) Sections 37.110 and 51.973, Education Code, and Section |
|
42.064, Human Resources Code, as added by this Act, take effect |
|
immediately if this Act receives a vote of two-thirds of all the |
|
members elected to each house, as provided by Section 39, Article |
|
III, Texas Constitution. If this Act does not receive the vote |
|
necessary for immediate effect, those sections of the Education |
|
Code and Human Resources Code take effect September 1, 2009. |
|
|
|
______________________________ |
______________________________ |
|
President of the Senate |
Speaker of the House |
|
|
|
I certify that H.B. No. 2086 was passed by the House on April |
|
24, 2009, by the following vote: Yeas 140, Nays 0, 1 present, not |
|
voting; that the House refused to concur in Senate amendments to |
|
H.B. No. 2086 on May 29, 2009, and requested the appointment of a |
|
conference committee to consider the differences between the two |
|
houses; and that the House adopted the conference committee report |
|
on H.B. No. 2086 on May 31, 2009, by the following vote: Yeas 142, |
|
Nays 1, 1 present, not voting. |
|
|
|
______________________________ |
|
Chief Clerk of the House |
|
|
I certify that H.B. No. 2086 was passed by the Senate, with |
|
amendments, on May 27, 2009, by the following vote: Yeas 31, Nays |
|
0; at the request of the House, the Senate appointed a conference |
|
committee to consider the differences between the two houses; and |
|
that the Senate adopted the conference committee report on H.B. No. |
|
2086 on May 31, 2009, by the following vote: Yeas 31, Nays 0. |
|
|
|
______________________________ |
|
Secretary of the Senate |
|
APPROVED: __________________ |
|
Date |
|
|
|
__________________ |
|
Governor |