HBA-KMH S.B. 1579 76(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 1579
By: West
Criminal Jurisprudence
5/10/1999
Engrossed


BACKGROUND AND PURPOSE

Currently, local law enforcement agencies and Texas correctional personnel
report a rising trend in the number of prison gangs who are recruiting
members outside of the once-traditional prison environment.  Older criminal
gang members oftentimes recruit younger children to further the criminal
activities of the gang in order to insulate themselves from prosecution.
S.B. 1579 creates an offense for soliciting membership in 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 71, Penal Code, by adding Section 71.022, as
follows: 

Sec. 71.022. SOLICITING MEMBERSHIP IN A CRIMINAL STREET GANG.  (a) Provides
that a person commits an offense if the person knowingly causes, enables,
encourages, recruits, or solicits another person to become a member of a
criminal street gang, and as a condition for initiation or membership,
requires the commission of any conduct which constitutes an offense under
this code or other law. 

(b) Provides that a Class A misdemeanor or felony offense under this
section is a felony of the third degree, except as provided by Subsection
(c). 

(c) Provides that a second or subsequent offense under this section is a
felony of the second degree. 

SECTION 2. Effective date: September 1, 1999.

SECTION 3. Emergency clause.