By: Moncrief S.B. No. 840 A BILL TO BE ENTITLED AN ACT 1-1 relating to the compilation and use by law enforcement agencies of 1-2 gang information systems. 1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-4 SECTION 1. Title 1, Code of Criminal Procedure, is amended 1-5 by adding Chapter 61 to read as follows: 1-6 CHAPTER 61. GANG INFORMATION SYSTEMS 1-7 Art. 61.01. DEFINITIONS. In this chapter: 1-8 (1) "Gang" means a criminal street gang, as defined by 1-9 Section 71.01(d), Penal Code, or a combination, as defined by 1-10 Section 71.01(a), Penal Code. 1-11 (2) "Information" means criminal intelligence 1-12 information including identifying information of any kind, habits, 1-13 and intelligence reasonably related to the investigation and 1-14 prosecution of actual or likely criminal activity. The information 1-15 shall not be considered an official criminal history compilation 1-16 but is to be used as investigative intelligence within and between 1-17 law enforcement agencies. 1-18 (3) "Criminal activity" means any act that could be 1-19 criminally prosecuted were it performed by an adult. Information 1-20 may be compiled and shared under this chapter without regard to the 1-21 ages of the persons involved in the act. 1-22 (4) "Law enforcement agency" means any local, state, 1-23 or federal governmental unit or agency that employs peace officers 2-1 or adult or juvenile probation officers and also includes a 2-2 district attorney, criminal district attorney, county attorney, 2-3 other prosecuting attorney, or court. 2-4 Art. 61.02. GANG INFORMATION SYSTEMS. (a) One or more law 2-5 enforcement agencies may create a compilation of information which 2-6 may be useful in the investigation and prosecution of the 2-7 activities of gangs. The information may concern members and 2-8 associates of any gang without regard to age. The information 2-9 included in a gang information system is specifically made an 2-10 exception to all other laws which give special protections to 2-11 information about persons under the age of majority. 2-12 (b) The information may be compiled on paper, by computer, 2-13 or in any other manner reasonably useful and may be shared among 2-14 law enforcement agencies throughout the United States by direct 2-15 link or otherwise. 2-16 Art. 61.03. INFORMATION PRIVILEGED AND INADMISSIBLE. 2-17 Information compiled in a gang information system, whether compiled 2-18 before or after the effective date of this chapter, is not open to 2-19 public inspection under the open records law, Chapter 424, Acts of 2-20 the 63rd Legislature, Regular Session, 1973 (Article 6252-17a, 2-21 Vernon's Texas Civil Statutes), or any other law. Information so 2-22 compiled may be completely or partially released to the defense 2-23 counsel in the course of a criminal prosecution at the sole 2-24 discretion of the prosecutor, but its release is not required. On 2-25 verified motion of the defendant showing a particularized need, a 3-1 court may order the release of the information after an in camera 3-2 review of the information and a subsequent specific written finding 3-3 that such a release is necessary to the trial of a case and that 3-4 the information is not obtainable through any other method. 3-5 Notwithstanding any prior rule to the contrary, the information 3-6 held in a gang information system is not admissible in evidence to 3-7 prove or disprove any element of the prosecution or defense of a 3-8 criminal case. The admissibility and the evidentiary value of the 3-9 theory, information, observation, or document that generated a 3-10 decision to add information to the system is not affected by this 3-11 article. 3-12 SECTION 2. The importance of this legislation and the 3-13 crowded condition of the calendars in both houses create an 3-14 emergency and an imperative public necessity that the 3-15 constitutional rule requiring bills to be read on three several 3-16 days in each house be suspended, and this rule is hereby suspended, 3-17 and that this Act take effect and be in force from and after its 3-18 passage, and it is so enacted.