SESSION WATCH
Superseded — its companion passed SENATE · SESSION 2026

No. CS/CS/SB 536

Criteria for Determining Criminal Gang Membership
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SPONSOR
Appropriations Committee on Criminal and Civil Justice; Criminal Justice; Martin
FILED BY
Jonathan Martin — District 33, Republican [search donations]
EFFECTIVE
10/1/2026
COMPANION
CS/HB 429 — CS/CS/SB 536 was set aside and its companion carried the policy

Filed under Criminal Justice.

PROVIDED SUMMARY

Criteria for Determining Criminal Gang Membership; Revising the definition of the term “criminal gang member”; defining the term “gang-related language”, etc.

Full bill text →

Plain English Summary

AI-GENERATED
Broadens legal definition of criminal gang membership.

The bill adds new criteria for identifying criminal gang members, including online admissions and gang-related language.

It lowers the threshold for observing association with known gang members from four times to two times.

A new definition of "gang-related language" covers verbal, written, and digital statements signaling affiliation.

These changes expand the scope of who can be legally classified as a criminal gang member.

KEY PROVISIONS
§ 1 Expanded Definition of Criminal Gang Member majors. 874.03(3)

AIBroadens the legal definition of a criminal gang member by adding new criteria and expanding existing ones, allowing a person to be classified as a gang member based on online admissions, identification by family, or untested informants.

“"Criminal gang member" means a person who meets two or more of the following criteria: (a) Admits in person or on an online platform or social media that he or she is a criminal...”
§ 2 New Identification Criteria majors. 874.03(3)(c)

AIAdds specific criteria for identifying gang membership, including identification by a parent, guardian, or spouse, and identification by an informant of previously untested reliability if corroborated by independent information.

“(c) Is identified as a criminal gang member by a parent, guardian, or spouse living with the person. (d) Is identified as a criminal gang member by a documented reliable informant.”
§ 3 Relaxed Association Requirement majors. 874.03(3)(k)

AIReduces the number of times a person must be observed in the company of known gang members from four to two, and clarifies that willful association is required in custodial settings.

“Has been observed in the company of one or more known criminal gang members two or more times. Observation in a custodial setting requires a willful association.” bill text, line 41 →
§ 4 New Definition of Gang-Related Language majors. 874.03(6)

AIDefines “gang-related language” to include verbal or written statements, including digital or electronic statements on online platforms or social media, that signal gang affiliation or use recognized gang codes.

“"Gang-related language" means any verbal or written statement that signals gang affiliation, supports gang activity, or uses recognized gang codes, symbols, or terminology...” bill text, line 57 →
TIMELINE
3/10/2026
Laid on Table, companion bill(s) passed, see CS/HB 429 (Ch....
3/10/2026
Substituted CS/HB 429 -SJ 742
3/10/2026
Read 2nd time -SJ 742
3/5/2026
Placed on Special Order Calendar, 03/10/26
3/3/2026
Placed on Calendar, on 2nd reading
3/2/2026
Favorable by- Fiscal Policy; YEAS 12 NAYS 6
2/26/2026
CS/CS by Appropriations Committee on Criminal and Civil Justice...
2/26/2026
On Committee agenda-- Fiscal Policy, 03/02/26, 12:00 pm, 412 Knott Building
2/26/2026
Now in Fiscal Policy
2/26/2026
Pending reference review under Rule 4.7(2) - (Committee Substitute)
2/25/2026
CS/CS by Appropriations Committee on Criminal and Civil Justice;...
2/20/2026
On Committee agenda-- Appropriations Committee on Criminal and...
1/14/2026
Now in Appropriations Committee on Criminal and Civil Justice
1/13/2026
CS by Criminal Justice read 1st time
1/13/2026
Introduced
1/13/2026
Pending reference review under Rule 4.7(2) - (Committee Substitute)
1/12/2026
CS by Criminal Justice; YEAS 6 NAYS 2
1/5/2026
On Committee agenda-- Criminal Justice, 01/12/26, 1:30 pm, 37...
12/1/2025
Referred to Criminal Justice; Appropriations Committee on Criminal...
11/17/2025
Filed
14 EARLIER →
STATUTES IT CHANGES
s. 874.03
+127 / −20
s. 874.03
+0 / −0
s. 874.03
+0 / −0
s. 874.03
+0 / −0
s. 823.05
+0 / −0
s. 874.03
+0 / −0
STAFF ANALYSES
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