1-1 By: Moncrief S.B. No. 840
1-2 (In the Senate - Filed March 11, 1993; March 15, 1993, read
1-3 first time and referred to Committee on Criminal Justice;
1-4 April 13, 1993, reported favorably by the following vote: Yeas 6,
1-5 Nays 0; April 13, 1993, sent to printer.)
1-6 COMMITTEE VOTE
1-7 Yea Nay PNV Absent
1-8 Whitmire x
1-9 Brown x
1-10 Nelson x
1-11 Sibley x
1-12 Sims x
1-13 Turner x
1-14 West x
1-15 A BILL TO BE ENTITLED
1-16 AN ACT
1-17 relating to the compilation and use by law enforcement agencies of
1-18 gang information systems.
1-19 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-20 SECTION 1. Title 1, Code of Criminal Procedure, is amended
1-21 by adding Chapter 61 to read as follows:
1-22 CHAPTER 61. GANG INFORMATION SYSTEMS
1-23 Art. 61.01. DEFINITIONS. In this chapter:
1-24 (1) "Gang" means a criminal street gang, as defined by
1-25 Section 71.01(d), Penal Code, or a combination, as defined by
1-26 Section 71.01(a), Penal Code.
1-27 (2) "Information" means criminal intelligence
1-28 information including identifying information of any kind, habits,
1-29 and intelligence reasonably related to the investigation and
1-30 prosecution of actual or likely criminal activity. The information
1-31 shall not be considered an official criminal history compilation
1-32 but is to be used as investigative intelligence within and between
1-33 law enforcement agencies.
1-34 (3) "Criminal activity" means any act that could be
1-35 criminally prosecuted were it performed by an adult. Information
1-36 may be compiled and shared under this chapter without regard to the
1-37 ages of the persons involved in the act.
1-38 (4) "Law enforcement agency" means any local, state,
1-39 or federal governmental unit or agency that employs peace officers
1-40 or adult or juvenile probation officers and also includes a
1-41 district attorney, criminal district attorney, county attorney,
1-42 other prosecuting attorney, or court.
1-43 Art. 61.02. GANG INFORMATION SYSTEMS. (a) One or more law
1-44 enforcement agencies may create a compilation of information which
1-45 may be useful in the investigation and prosecution of the
1-46 activities of gangs. The information may concern members and
1-47 associates of any gang without regard to age. The information
1-48 included in a gang information system is specifically made an
1-49 exception to all other laws which give special protections to
1-50 information about persons under the age of majority.
1-51 (b) The information may be compiled on paper, by computer,
1-52 or in any other manner reasonably useful and may be shared among
1-53 law enforcement agencies throughout the United States by direct
1-54 link or otherwise.
1-55 Art. 61.03. INFORMATION PRIVILEGED AND INADMISSIBLE.
1-56 Information compiled in a gang information system, whether compiled
1-57 before or after the effective date of this chapter, is not open to
1-58 public inspection under the open records law, Chapter 424, Acts of
1-59 the 63rd Legislature, Regular Session, 1973 (Article 6252-17a,
1-60 Vernon's Texas Civil Statutes), or any other law. Information so
1-61 compiled may be completely or partially released to the defense
1-62 counsel in the course of a criminal prosecution at the sole
1-63 discretion of the prosecutor, but its release is not required. On
1-64 verified motion of the defendant showing a particularized need, a
1-65 court may order the release of the information after an in camera
1-66 review of the information and a subsequent specific written finding
1-67 that such a release is necessary to the trial of a case and that
1-68 the information is not obtainable through any other method.
2-1 Notwithstanding any prior rule to the contrary, the information
2-2 held in a gang information system is not admissible in evidence to
2-3 prove or disprove any element of the prosecution or defense of a
2-4 criminal case. The admissibility and the evidentiary value of the
2-5 theory, information, observation, or document that generated a
2-6 decision to add information to the system is not affected by this
2-7 article.
2-8 SECTION 2. The importance of this legislation and the
2-9 crowded condition of the calendars in both houses create an
2-10 emergency and an imperative public necessity that the
2-11 constitutional rule requiring bills to be read on three several
2-12 days in each house be suspended, and this rule is hereby suspended,
2-13 and that this Act take effect and be in force from and after its
2-14 passage, and it is so enacted.
2-15 * * * * *
2-16 Austin,
2-17 Texas
2-18 April 13, 1993
2-19 Hon. Bob Bullock
2-20 President of the Senate
2-21 Sir:
2-22 We, your Committee on Criminal Justice to which was referred S.B.
2-23 No. 840, have had the same under consideration, and I am instructed
2-24 to report it back to the Senate with the recommendation that it do
2-25 pass and be printed.
2-26 Whitmire,
2-27 Chairman
2-28 * * * * *
2-29 WITNESSES
2-30 FOR AGAINST ON
2-31 ___________________________________________________________________
2-32 Name: John Boston x
2-33 Representing: Tx Crim Def Lawyers Assoc
2-34 City: Austin
2-35 -------------------------------------------------------------------
2-36 Name: David Barber x
2-37 Representing: City of Houston
2-38 City: Houston
2-39 -------------------------------------------------------------------
2-40 Name: Sandy Kibby x
2-41 Representing: Texas PTA
2-42 City: Austin
2-43 -------------------------------------------------------------------
2-44 Name: S. C. Van Vlech x
2-45 Representing: Ft Worth Police Dept
2-46 City: Ft Worth
2-47 -------------------------------------------------------------------
2-48 Name: Gary Arey x
2-49 Representing: Dallas County DA
2-50 City: Garland
2-51 -------------------------------------------------------------------
2-52 Name: Lon Curtis x
2-53 Representing: TDCAA
2-54 City: Belton
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