Honorable Pete Gallego, Chair, House Committee on Criminal Jurisprudence
John S. O'Brien, Director, Legislative Budget Board
HB4399 by Pena (Relating to the criminal prosecution of racketeering; providing penalties.), As Introduced
The bill would amend the Penal Code and Code of Criminal Procedure as they relate to the criminal prosecution of racketeering. The bill would make proceeds or assets acquired through racketeering or employment by or association with an enterprise that engages in racketeering as defined by the bill punishable as a third degree felony. The bill would also provide for punishment enhancement to that of a second degree felony if the person hires, engages or uses a minor to commit an offense as defined by the bill.
A felony of the third degree is punishable by imprisonment in the institutional division for any term of not more than 10 years or less than 2 years, or, in addition to confinement, a fine not to exceed $10,000.
A felony of the second degree is punishable by imprisonment in the institutional division for any term of not more than 20 years or less than 2 years, or, in addition to confinement, a fine not to exceed $10,000.
Expanding the list of offenses punishable by imprisonment is expected to result in increased demands upon the correctional resources of counties or of the State due to longer terms of probation, or, longer terms of confinement in county jails or prison. It is expected individuals who would be affected by the provision of this bill are currently being sentenced for other, possibly lesser felony, offenses.