81(R) SB 11 - House Committee Report version

This website will be unavailable from Friday, April 26, 2024 at 6:00 p.m. through Monday, April 29, 2024 at 7:00 a.m. due to data center maintenance.

	81R33537 HLT-D

	By: Carona, et al.	S.B. No. 11

	Substitute the following for S.B. No. 11:

	By: Miklos	C.S.S.B. No. 11



	A BILL TO BE ENTITLED
	AN ACT
	relating to the prevention, investigation, prosecution, and
	punishment for certain gang-related and other criminal offenses and
	to the consequences and costs of engaging in certain activities of a
	criminal street gang or certain other criminal activity; providing
	penalties.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	ARTICLE 1. CRIMINAL PENALTIES RELATED TO ORGANIZED CRIMINAL
	ACTIVITY AND CRIMINAL STREET GANGS; GANG PREVENTION EFFORTS
	SECTION 1.01. Subsection (e), Section 15.031, 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.
	SECTION 1.02. Subsection (a), Section 22.015, Penal Code,
	is amended by adding Subdivision (3) to read as follows:
	(3) "Family" has the meaning assigned by Section
	71.003, Family Code.
	SECTION 1.03. Subsection (b), Section 22.015, Penal Code,
	is amended to read as follows:
	(b) A person commits an offense if, with intent to coerce,
	induce, or solicit a child to actively participate in the
	activities of a criminal street gang, the person:
	(1) threatens the child or a member of the child's
	family with imminent bodily injury; or
	(2) causes bodily injury to the child or a member of
	the child's family.
	SECTION 1.04. Subsection (a), Section 71.02, Penal Code, is
	amended to read as follows:
	(a) A person commits an offense if, with the intent to
	establish, maintain, or participate in a combination or in the
	profits of a combination or as a member of a criminal street gang,
	the person [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;
	(8) any felony offense under Chapter 32;
	(9) any offense under Chapter 36;
	(10) any offense under Chapter 34 or 35;
	(11) any offense under Section 37.11(a);
	(12) any offense under Chapter 20A; [or]
	(13) any offense under Section 37.10; or
	(14) any offense under Section 46.06(a)(1).
	SECTION 1.05. Chapter 71, Penal Code, is amended by adding
	Sections 71.023, 71.028, and 71.029 to read as follows:
	Sec. 71.023. DIRECTING ACTIVITIES OF CERTAIN CRIMINAL
	STREET GANGS. (a) A person commits an offense if the person
	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.
	(c) Notwithstanding Section 71.01, in this section,
	"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).
	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.
	(b) Except as provided by Subsection (c), the punishment
	prescribed for an offense under Section 71.02 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:
	(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) shopping mall;
	(D) movie theater;
	(E) premises of a public or private youth center;
	or
	(F) playground;
	(2) in, on, or within 300 feet of the premises of a
	public swimming pool or video arcade facility; or
	(3) on a school bus.
	(c) The punishment prescribed for an offense under Section
	71.02 may not be increased under this section if the offense is
	punishable under Section 71.02 as a felony of the first degree.
	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.
	(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 1.06. 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 1.07. 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 1.08. 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 1.09. Section 37.110, Education Code, as added by
	this Act, applies beginning with the public school district's
	2009-2010 school year.
	SECTION 1.10. Section 51.973, Education Code, as added by
	this Act, applies beginning with the 2009 fall semester.
	SECTION 1.11. Subsection (e), Section 15.031, Subsection
	(b), Section 22.015, and Subsection (a), Section 71.02, 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.
	ARTICLE 2. CIVIL CONSEQUENCES AND LIABILITY
	SECTION 2.01. 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 2.02. Subdivision (2), Article 59.01, 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;
	(x) any offense under Chapter 71, Penal
	Code; or
	(xi) any offense under Section 46.06(a)(1),
	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), (x), or (xi) 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), (x), or
	(xi) 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 2.03. 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) or (xi) 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 2.04. 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 2.05. Subdivision (2), Article 59.01, 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.
	ARTICLE 3. POST-CONVICTION AND POST-ADJUDICATION PROVISIONS
	SECTION 3.01. 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 3.02. 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 3.03. Subsection (a), Section 11, 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 3.04. Article 42.12, Code of Criminal Procedure, is
	amended by adding Section 13E 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.
	SECTION 3.05. 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 3.06. 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 3.07. 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 3.08. 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 3.09. Subsection (a), Section 11, Article 42.12,
	Code of Criminal Procedure, as amended by this Act, and Section 13E,
	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 3.10. 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 3.11. 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 3.12. Subsection (b), Section 3.03, 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.
	ARTICLE 4. GRAFFITI
	SECTION 4.01. 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 4.02. Subsections (a) and (c), Article 102.0171,
	Code of Criminal Procedure, are amended to read as follows:
	(a) A defendant convicted of an offense under Section 28.08,
	Penal Code, in a county court, county court at law, or district
	court shall pay a [~~$50~~] juvenile delinquency prevention and
	graffiti eradication fee as a cost of court. The amount of the fee
	under this section must be not less than $50 or more than $500. In
	setting the amount of the fee, the court shall increase the fee
	based on the amount of pecuniary loss in the case and the number of
	times the defendant has been previously convicted of an offense
	under Section 28.08, Penal Code.
	(c) The clerks of the respective courts shall collect the
	costs and pay them to the county treasurer or to any other official
	who discharges the duties commonly delegated to the county
	treasurer for deposit in a fund to be known as the county juvenile
	delinquency prevention fund. A fund designated by this subsection
	may be used only to:
	(1) repair damage caused by the commission of offenses
	under Section 28.08, Penal Code;
	(2) provide educational and intervention programs and
	materials, including printed educational materials for
	distribution to primary and secondary school students, designed to
	prevent individuals from committing offenses under Section 28.08,
	Penal Code;
	(3) provide to the public rewards for identifying and
	aiding in the apprehension and prosecution of offenders who commit
	offenses under Section 28.08, Penal Code;
	(4) provide funding for teen recognition and teen
	recreation programs;
	(5) provide funding for local teen court programs;
	(6) provide funding for the local juvenile probation
	department; [~~and~~]
	(7) provide educational and intervention programs
	designed to prevent juveniles from engaging in delinquent conduct;
	and
	(8) provide funding for community art programs.
	SECTION 4.03. Subsection (a), Section 54.0461, Family Code,
	is amended to read as follows:
	(a) If a child is adjudicated as having engaged in
	delinquent conduct that violates Section 28.08, Penal Code, the
	juvenile court shall order the child, parent, or other person
	responsible for the child's support to pay to the court a [~~$50~~]
	juvenile delinquency prevention fee as a cost of court. The amount
	of the fee under this section must be not less than $50 or more than
	$500. In setting the amount of the fee, the court shall increase
	the fee based on the amount of pecuniary loss resulting from the
	conduct and the number of times the child has been previously
	adjudicated as having engaged in delinquent conduct violating
	Section 28.08, Penal Code.
	SECTION 4.04. Section 102.041, Government Code, as amended
	by Chapter 921 (H.B. 3167), Acts of the 80th Legislature, Regular
	Session, 2007, is amended to read as follows:
	Sec. 102.041. ADDITIONAL COURT COSTS ON CONVICTION IN
	DISTRICT COURT: CODE OF CRIMINAL PROCEDURE. The clerk of a district
	court shall collect fees and costs under the Code of Criminal
	Procedure on conviction of a defendant as follows:
	(1) a jury fee (Art. 102.004, Code of Criminal
	Procedure) . . . $20;
	(2) a fee for clerk of the court services (Art.
	102.005, Code of Criminal Procedure) . . . $40;
	(3) a records management and preservation services fee
	(Art. 102.005, Code of Criminal Procedure) . . . $25;
	(4) a security fee on a felony offense (Art. 102.017,
	Code of Criminal Procedure) . . . $5;
	(5) a security fee on a misdemeanor offense (Art.
	102.017, Code of Criminal Procedure) . . . $3; and
	(6) a juvenile delinquency prevention and graffiti
	eradication fee (Art. 102.0171, Code of Criminal Procedure) . . .
	not less than $50 or more than $500 [$5].
	SECTION 4.05. Section 102.061, Government Code, as amended
	by Chapter 921 (H.B. 3167), Acts of the 80th Legislature, Regular
	Session, 2007, is amended to read as follows:
	Sec. 102.061. ADDITIONAL COURT COSTS ON CONVICTION IN
	STATUTORY COUNTY COURT: CODE OF CRIMINAL PROCEDURE. The clerk of a
	statutory county court shall collect fees and costs under the Code
	of Criminal Procedure on conviction of a defendant as follows:
	(1) a jury fee (Art. 102.004, Code of Criminal
	Procedure) . . . $20;
	(2) a fee for services of the clerk of the court (Art.
	102.005, Code of Criminal Procedure) . . . $40;
	(3) a records management and preservation services fee
	(Art. 102.005, Code of Criminal Procedure) . . . $25;
	(4) a security fee on a misdemeanor offense (Art.
	102.017, Code of Criminal Procedure) . . . $3;
	(5) a juvenile delinquency prevention and graffiti
	eradication fee (Art. 102.0171, Code of Criminal Procedure) . . .
	not less than $50 or more than $500 [$5]; and
	(6) a juvenile case manager fee (Art. 102.0174, Code
	of Criminal Procedure) . . . not to exceed $5.
	SECTION 4.06. Section 102.081, Government Code, as amended
	by Chapter 921 (H.B. 3167), Acts of the 80th Legislature, Regular
	Session, 2007, is amended to read as follows:
	Sec. 102.081. ADDITIONAL COURT COSTS ON CONVICTION IN
	COUNTY COURT: CODE OF CRIMINAL PROCEDURE. The clerk of a county
	court shall collect fees and costs under the Code of Criminal
	Procedure on conviction of a defendant as follows:
	(1) a jury fee (Art. 102.004, Code of Criminal
	Procedure) . . . $20;
	(2) a fee for clerk of the court services (Art.
	102.005, Code of Criminal Procedure) . . . $40;
	(3) a records management and preservation services fee
	(Art. 102.005, Code of Criminal Procedure) . . . $25;
	(4) a security fee on a misdemeanor offense (Art.
	102.017, Code of Criminal Procedure) . . . $3;
	(5) a juvenile delinquency prevention and graffiti
	eradication fee (Art. 102.0171, Code of Criminal Procedure) . . .
	not less than $50 or more than $500 [$5]; and
	(6) a juvenile case manager fee (Art. 102.0174, Code
	of Criminal Procedure) . . . not to exceed $5.
	SECTION 4.07. Section 103.0212, Government Code, is amended
	to read as follows:
	Sec. 103.0212. ADDITIONAL FEES AND COSTS IN CRIMINAL OR
	CIVIL CASES: FAMILY CODE. An accused or defendant, or a party to a
	civil suit, as applicable, shall pay the following fees and costs
	under the Family Code if ordered by the court or otherwise required:
	(1) in family matters:
	(A) issuing writ of withholding (Sec. 8.262,
	Family Code) . . . $15;
	(B) filing copy of writ of withholding to
	subsequent employer (Sec. 8.267, Family Code) . . . $15;
	(C) issuing and delivering modified writ of
	withholding or notice of termination (Sec. 8.302, Family Code)
	. . . $15;
	(D) issuing and delivering notice of termination
	of withholding (Sec. 8.303, Family Code) . . . $15;
	(E) issuance of change of name certificate (Sec.
	45.106, Family Code) . . . $10;
	(F) protective order fee (Sec. 81.003, Family
	Code) . . . $16;
	(G) filing suit requesting adoption of child
	(Sec. 108.006, Family Code) . . . $15;
	(H) filing fees for suits affecting parent-child
	relationship (Sec. 110.002, Family Code):
	(i) suit or motion for modification (Sec.
	110.002, Family Code) . . . $15;
	(ii) motion for enforcement (Sec. 110.002,
	Family Code) . . . $15;
	(iii) notice of application for judicial
	writ of withholding (Sec. 110.002, Family Code) . . . $15;
	(iv) motion to transfer (Sec. 110.002,
	Family Code) . . . $15;
	(v) petition for license suspension (Sec.
	110.002, Family Code) . . . $15;
	(vi) motion to revoke a stay of license
	suspension (Sec. 110.002, Family Code) . . . $15; and
	(vii) motion for contempt (Sec. 110.002,
	Family Code) . . . $15;
	(I) order or writ of income withholding to be
	delivered to employer (Sec. 110.004, Family Code) . . . not to
	exceed $15;
	(J) filing fee for transferred case (Sec.
	110.005, Family Code) . . . $45;
	(K) filing a writ of withholding (Sec. 158.319,
	Family Code) . . . $15;
	(L) filing a request for modified writ of
	withholding or notice of termination (Sec. 158.403, Family Code)
	. . . not to exceed $15;
	(M) filing an administrative writ to employer
	(Sec. 158.503, Family Code) . . . not to exceed $15; and
	(N) genetic testing fees in relation to a child
	born to a gestational mother (Sec. 160.762, Family Code) . . . as
	assessed by the court; and
	(2) in juvenile court:
	(A) fee schedule for deferred prosecution
	services (Sec. 53.03, Family Code) . . . maximum fee of $15 a month;
	(B) a request fee for a teen court program
	[~~administration fee~~] (Sec. 54.032, Family Code) . . . $20, if the
	court ordering the fee is located in the Texas-Louisiana border
	region, but otherwise not to exceed $10;
	(C) court costs for juvenile probation diversion
	fund (Sec. 54.0411, Family Code) . . . $20;
	(D) a juvenile delinquency prevention fee (Sec.
	54.0461, Family Code) . . . not less than $50 or more than $500
	[$5]; [~~and~~]
	(E) a court fee for child's probationary period
	(Sec. 54.061, Family Code) . . . not to exceed $15 a month; and
	(F) a fee to cover costs of required duties of
	teen court (Sec. 54.032, Family Code) . . . $20, if the court
	ordering the fee is located in the Texas-Louisiana border region,
	but otherwise not to exceed $10.
	SECTION 4.08. Subsection (a), Section 485.018, 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 4.09. 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 (g), 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 require a property owner to
	remove the graffiti on or before the 10th day after the date the
	property owner receives notice under Subsection (a), except that if
	the property owner requests the county or municipality, as
	applicable, to remove the graffiti or if the property owner fails to
	remove the graffiti on or before the 10th 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.
	(c) 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.
	(d) The county or municipality may assess expenses incurred
	under Subsection (b) against the property on which the work is
	performed to remove the graffiti.
	(e) To obtain a lien against the property for expenses
	incurred under Subsection (b), 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
	(b).
	(f) A lien described by Subsection (e) 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 (e).
	(g) 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 4.10. 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 4.11. Subsections (a) and (c), Article 102.0171,
	Code of Criminal Procedure, and Sections 102.041, 102.061, and
	102.081, Government Code, as amended 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 4.12. Subsection (a), Section 54.0461, Family Code,
	and Section 103.0212, Government Code, as amended by this Act,
	apply 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.
	ARTICLE 5. INTELLIGENCE DATABASES
	SECTION 5.01. 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 5.02. Subsection (b), Article 61.06, 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 5.03. Subsection (c), Article 61.06, 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 5.04. 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.
	ARTICLE 6. LICENSE RESTRICTIONS
	SECTION 6.01. Article 42.12, Code of Criminal Procedure, is
	amended by adding Section 13F to read as follows:
	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 6.02. (a) The change in law made by this article
	applies only to an offense committed on or after the effective date
	of this Act.
	(b) 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 subsection, an offense was committed before the
	effective date of this Act if any element of the offense was
	committed before that date.
	ARTICLE 7. MISCELLANEOUS PROVISIONS
	SECTION 7.01. 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.
	ARTICLE 8. CONFLICT OF LAW AND EFFECTIVE DATE PROVISIONS
	SECTION 8.01. 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 8.02. This Act takes effect September 1, 2009,
	except that 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.