Anyone know the theory or the reason the legislature has not passed or considered allowing engaging in organized criminal activity to be prosecuted as a determinate sentence under TFC 53.045? It would seem like a reasonable idea if the predicate offense is eligible under 53.045.

For example, it is permissible to seek a determinate sentence for aggravated assault (PC 22.02), but TFC 53.045 doesn't enumerate engaging in organized criminal activity (PC 71.02) as an offense allowed to be prosecuted as a determinate sentence. So it seems contrary to logic that aggravated assault F2 could get you a determinate sentence of up to 20 years confinement or ten years probation, while enganging in organized criminal activity (F1) with the predicate offense of agg assault (F2) would only get you an indeterminate sentence or probation until 18.

Any thoughts?

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Originally posted by Taylor_Heaton:
Anyone know the theory or the reason the legislature has not passed or considered allowing engaging in organized criminal activity to be prosecuted as a determinate sentence under TFC 53.045?

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I do! The reason is a simple one: there is no reason. Or more specifically, no one has every suggested it--at least not in the past 10 years, which is as far back as I just researched.

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... it seems contrary to logic that aggravated assault F2 could get you a determinate sentence of up to 20 years confinement or ten years probation, while enganging in organized criminal activity (F1) with the predicate offense of agg assault (F2) would only get you an indeterminate sentence or probation until 18.

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Yep.

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Any thoughts?

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Yes, two:

(1) Stop thinking of your legislature as a group of modern-day Solons who seek out good policy and enact it on their own. That couldn't be farther from the truth.

(2) If you have an idea that you think should be enacted into law, YOU have to make it happen. If you don't, then it probably won't happen.

TDCAA can assist you in that endeavor if you contact me directly.