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Results from the 81st
Legislative Session
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TABLE OF CONTENTS
GANGS..........................................................................................................................
7 |
GANGS
LEADERS AND ORGANIZERS OF CRIMINAL STREET GANGS FACE UP TO LIFE
IMPRISONMENT
Texas Penal Code Sec. 71.023. will provide that: “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. An offense
under this section is a felony of the first degree.”
GANG-FREE ZONES
When a defendant engages in organized criminal activities the offense is
enhanced one category higher than the underlying crime. The Legislature
has now introduced a new deterrent to gang activity called “GANG-FREE
ZONES.” If a defendant engages in gang activities and is 17 years old
or older at the time of the offense, the punishment for robbery,
kidnapping, arson, assault, sexual assault, forgery, certain weapons
charges, or child pornography is increased to the next highest category up
to a first degree felony if the crime was committed in a gang-free zone. A
gang-free zone is:
(1) in, on, or within 1,000 feet of any real property that is owned,
rented, or leased by a school or school board, institution of higher
education, public or private youth center or playground;
(2) in, on, or within 300 feet of any: shopping mall, movie theater,
public swimming pool, video arcade facility; or
(3) on a school bus. |
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David B. Frank
Attorney And Counselor At Law
The Penthouse Condominiums
1212 Guadalupe Street, Suite 103
Austin, Texas 78701
Tel. 512-499-0969
Fax. 512-499-8220 |
"Board Certified in Criminal Law by the Texas board of Legal Specialization"
Reproduction of any material on this site without written
permission is strictly prohibited.
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2002-2009 David Frank, Attorney at Law. All Rights Reserved. |
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