Section 54.0491 – Gang-Related Conduct

May 14, 2021 | Family Law, Texas

(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 Juvenile Justice Department 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 department .

Tex. Fam. Code ยง 54.0491

Amended by Acts 2015, Texas Acts of the 84th Leg. – Regular Session, ch. 734,Sec. 53, eff. 9/1/2015.
Added by Acts 2009, 81st Leg., R.S., Ch. 1130, Sec. 19, eff. September 1, 2009.