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
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   2-36  Name:  David Barber                              x
   2-37  Representing:  City of Houston
   2-38  City:  Houston
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   2-40  Name:  Sandy Kibby                               x
   2-41  Representing:  Texas PTA
   2-42  City:  Austin
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   2-44  Name:  S. C. Van Vlech                           x
   2-45  Representing:  Ft Worth Police Dept
   2-46  City:  Ft Worth
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   2-48  Name:  Gary Arey                                 x
   2-49  Representing:  Dallas County DA
   2-50  City:  Garland
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   2-52  Name:  Lon Curtis                                              x
   2-53  Representing:  TDCAA
   2-54  City:  Belton
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