HBA-NMO H.B. 1118 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1118
By: Solis, Jim
Criminal Jurisprudence
3/5/1999
Introduced



BACKGROUND AND PURPOSE 

The comptroller's Texas Performance Review Team has reported that Texas has
an estimated 145,000 gang members, while the Texas Education Agency has
reported that gang-related incidences have increased from 5,736 in
1994-1995 to 8,959 in 1996-1997.  Current law does not provide a criminal
penalty for threatening a child with bodily injury as a means to coerce
that child into participating in the activities of a criminal street gang.
H.B. 1077 provides that a person commits a third degree felony if the
person threatens a child with imminent bodily injury as a means to coerce,
induce, or solicit that child to participate in the activities of a
criminal street gang. 
 
RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 22, Penal Code, by adding Section 22.015, as
follows: 

Sec. 22.015.  COERCING, SOLICITING, OR INDUCING GANG MEMBERSHIP.  Defines
"child and "criminal street gang."  Provides that a person commits a third
degree felony if, with the intent to coerce, induce, or solicit a child to
actively participate in the activities of a criminal street gang, the
person threatens the child with imminent bodily injury. 

SECTION 2.  Effective date: September 1, 1999.

SECTION 3.  Emergency clause.