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 2-55 -------------------------------------------------------------------