relating to the carrying of a firearm by a person who is a member of a criminal street gang; increasing a criminal penalty.

Bill Text

  89R6181 JSC-F
 
  By: West S.B. No. 809
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the carrying of a firearm by a person who is a member of
  a criminal street gang; increasing a criminal penalty.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Sections 46.04(a-1) and (e), Penal Code, are
  amended to read as follows:
         (a-1)  A person who is a member of a criminal street gang, as
  defined by Section 71.01, commits an offense if the person:
               (1)  intentionally, knowingly, or recklessly carries
  on or about his or her person a firearm; and
               (2)  is engaged in conduct constituting an offense that
  is a Class B misdemeanor or any higher category of offense:
                     (A)  listed in Article 42A.054(a), Code of
  Criminal Procedure;
                     (B)  listed in Section 71.02(a) of this code;
                     (C)  under Title 5, 6, or 7 of this code;
                     (D)  under Subchapter D, Chapter 481, Health and
  Safety Code; or
                     (E)  during the commission of which or during the
  immediate flight from the commission of which the firearm or other
  deadly weapon was used or exhibited [handgun in a motor vehicle or
  watercraft].
         (e)  An offense under Subsection (a) or (a-1) is a felony of
  the third degree. An offense under Subsection [(a-1),] (b)[,] or
  (c) is a Class A misdemeanor.
         SECTION 2.  The change in law made 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
  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.  This Act takes effect September 1, 2025.

Instructor Analysis

Overview of Responsibilities and Considerations

The bill aims to increase penalties for individuals who are members of a criminal street gang and carry a firearm.

  • Ensuring the bill does not violate Second Amendment rights for law-abiding citizens.
  • Addressing concerns about arbitrary or discriminatory enforcement.

Legal Framework

Second Amendment Protection

The Second Amendment protects an individual's right to bear arms. Supreme Court cases such as District of Columbia v. Heller (2008) and McDonald v. City of Chicago (2010) have established that the right to keep and carry firearms is an individual right.

  • Historical Precedents: Key Supreme Court cases and their implications.
  • Current Interpretations: How recent interpretations affect the bill's validity.

Due Process Protections

The bill must ensure fair procedures for individuals accused of carrying firearms as gang members. Procedural safeguards are essential to prevent arbitrary or discriminatory enforcement.

Impact on Law Enforcement

Resource Allocation

Law enforcement resources should be allocated effectively without unnecessary burdens. The bill should not require law enforcement to expend more time, money, and personnel than necessary.

  • Importance of resource allocation in maintaining public safety.
  • Balancing the need for public safety with individual rights.

Constitutional Analysis

Overview of Legal Framework

The bill's constitutionality is a critical consideration. It must comply with federal and state laws, as well as the Constitution.

Specific Provisions

  • The legal basis for targeting specific criminal behaviors.
  • Avoiding laws that could be seen as discriminatory or arbitrary.

Texan Analysis

Self-Reliance and Personal Responsibility

Texas values self-reliance and personal responsibility. The bill should balance public safety initiatives with individual freedoms.

  • Importance of Texas culture in shaping the bill's impact.
  • Public safety implications for Texas communities.

Legislative Considerations

Data and Evidence-Based Practices

The bill's effectiveness can be evaluated using data-driven approaches. Efficacy testing is essential to ensure the bill achieves its intended purpose without unnecessary consequences.

  • Importance of consultation with law enforcement stakeholders.
  • Building in mechanisms for oversight and accountability.

Conclusion

Balancing Acts

The bill must balance public safety with individual rights. Continuous review and adaptation of laws are necessary to ensure they remain effective and fair.

  • Key considerations for balancing public safety and individual rights.
  • Importance of community support and engagement in the legislative process.
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