Bill
HB 731
85(R) - 2017
House Criminal Jurisprudence
House Criminal Jurisprudence
Crimes
Vote Recommendation
Vote Yes; Amend
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Neutral
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Neutral
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Positive
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Neutral
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Neutral
Author(s)
Dwayne Bohac
Bill Caption
Relating to creating the offense of intimidation by a member of a criminal street gang.
Fiscal Notes
No significant fiscal implication to the State is anticipated.
Bill Analysis
If this bill passes intimidation by a gang member would be defined as when a member of a criminal street gang intends to cause a person to do, or to refrain from, certain activities. The gang member would have to threaten to inflict bodily injury, or to destroy property, or threaten to confine the individual, or threaten another to commit an offense punishable as a Class A misdemeanor. If a gang member were to be found guilty of this crime it would be punishable as a felony of the third degree.
Vote Recommendation Notes
This bill supports our personal responsibility principle by holding accountable gang members who use threats of violence to coerce others. It is within the proper role of government to punish individuals who use physical force to threaten, coerce, or otherwise cause harm to others. The penalty proposed for an offense is stiff and although somewhat disproportionate to the crime, not egregiously so. We would support an amendment to make a first offense a state jail felony and then escalate to a third degree felony for a subsequent offense.
Organizations Opposed
Texas Criminal Defense Lawyers Association
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