SRC-DPW C.S.S.B. 8 76(R)BILL ANALYSIS


Senate Research CenterC.S.S.B. 8
76R11692 JMC-FBy: West
Criminal Justice
4/9/1999
Committee Report (Substituted)


DIGEST 

Currently, Texas law allows a criminal justice agency to compile certain
information for the purpose of investigating or prosecuting the criminal
activities of combinations.  A local criminal justice agency is currently
prohibited from sending this information to a statewide database, but is
permitted to compile this information in a local or regional database.
Collecting and maintaining criminal intelligence information on individuals
requires special treatment in order to ensure a person's constitutional
rights are never violated.  This bill requires the Texas Department of
Public Safety to establish and maintain a statewide criminal street gang
database, which operates in accordance with policies established in Title
28, Part 23 of the Code of Federal Regulations, and meets the submission
criteria for gangs and gang members established in the National Crime
Information Center Violent Gang and Terrorist Organizations File. 

PURPOSE

As proposed, C.S.S.B. 8 authorizes a criminal justice agency to compile
criminal intelligence information pertaining to criminal street gangs. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Article 61.01, Code of Criminal Procedure, by amending
Subdivision (1) and adding Subdivisions (7) and (8), to define "criminal
street gang," "department," and "intelligence database." 

SECTION 2. Amends Article 61.02, Code of Criminal Procedure, as follows:

Art. 61.02. New heading: CRIMINAL  INFORMATION INTELLIGENCE DATABASE.
Authorizes a criminal justice agency to compile criminal information into
an intelligence database, rather than system, subject to Subsection (b) for
the purpose of investigating criminal street gangs.  Requires a law
enforcement agency to compile and maintain criminal information relating to
a criminal street gang in a local or regional intelligence database if the
agency complies with certain operating policies and submission criteria.  

SECTION 3. Amends Articles 61.03(c) and (d), Code of Criminal Procedure, to
require a local law enforcement agency to send information relating to
criminal street gangs compiled and maintained under this chapter to the
Texas Department of Public Safety (DPS), rather than prohibiting a criminal
justice agency from sending information collected under this chapter to a
statewide database.  Requires DPS to maintain information received from a
local law enforcement agency under Subsection (c) in an intelligence
database in accordance with certain operating policies and submission
criteria. 

SECTION 4. Amends Article 61.04, Code of Criminal Procedure, by adding
Subsection (d) as follows: 

(d) Authorizes a governing body of a county or municipality served by the
local law enforcement that collects criminal information under this chapter
(governing body) to adopt a policy to notify a parent or guardian of a
child of a local law enforcement agency's observations relating to the
child's association with criminal street gangs. 

 SECTION 5. Amends Chapter 61, Code of Criminal Procedure, by adding
Articles 61.07 and 61.08, as follows: 

Art. 61.07. RIGHT TO REQUEST REVIEW OF CRIMINAL INFORMATION.  Requires the
head of a law enforcement agency to review criminal information collected
by that agency, upon request by a person or guardian of a child that
includes a showing by the person or the parent or guardian that a law
enforcement agency has collected  inaccurate criminal information under
this chapter relating to the person or child, to determine if reasonable
suspicion exists to believe that the information is inaccurate.  Requires
an agency to destroy all records containing certain information and notify
the person who requested the review of the agency's determination and
destruction of records in question, if the agency head determines that
reasonable suspicion exists to believe that the information is inaccurate.
Requires an agency to notify a person who requested a review of the
agency's determination and the person's entitlement to seek judicial review
of the agency's determination, if reasonable suspicion does not exist to
believe that collected information is inaccurate. 

Art. 61.08. JUDICIAL REVIEW. Authorizes a person entitled to seek judicial
review of a determination to file a petition for review in district court.
Requires a district court, on a filing of a petition for review, to conduct
an in camera review of the collected information to determine if reasonable
suspicion exist to believe that the information is inaccurate.  Requires a
court, that finds that reasonable suspicion exists to believe that the
collected information is inaccurate, to order the law enforcement agency
that collected the information to destroy all records containing the
information.  Authorizes a petitioner to appeal a final judgment of a
district court conducting an in camera review. 

SECTION 6. Repealer:  Article 61.06, Code of Criminal Procedure
(Destruction of Records). 

SECTION 7. Requires any law enforcement agency that collected criminal
information under Chapter 61, Code of Criminal Procedure, to review certain
information to determine if the information was collected in accordance
with certain operating policies and submission criteria and purge all
records containing information collected in a manner not in accordance with
certain operating policies and submission criteria, not later than January
1, 2000.   

SECTION 8. Requires DPS to report on the use and effectiveness of the
intelligence database under Article 61.03(d), Code of Criminal Procedure,
no later than December 1, 2000. 

SECTION 9.Emergency clause.
  Effective date: upon passage.



SUMMARY OF COMMITTEE CHANGES

SECTION 1. 

Amends Article 61.01, Code of Criminal Procedure, to define"department" and
"intelligence database." 

SECTION 2.

Amends Article 61.02, Code of Criminal Procedure, to amend the section
heading.  Authorizes a criminal justice agency to compile criminal
information into an intelligence database for the purpose of investigating
criminal street gangs.  Deletes a provision authorizing a local law
enforcement agency to compile certain criminal intelligence information.
Makes conforming changes. 

SECTION 3. 

Amends Article 61.03(c), Code of Criminal Procedure, to require a local law
enforcement agency to send information relating to criminal street gangs
compiled and maintained under this chapter to DPS. 
 
Amends Article 61.03(d), Code of Criminal Procedure, to require DPS to
maintain information received from a local law enforcement agency under
Subsection (c) in an intelligence database. 

SECTION 4.

Amends Article 61.04(d), Code of Criminal Procedure, to make a
nonsubstantive change. 

SECTION 5.

Amends Article 61.07, Code of Criminal Procedure, to require the head of a
law enforcement agency to review criminal information collected by that
agency, upon request by a person or guardian of a child that includes a
showing by the person or the parent or guardian that a law enforcement
agency has collected  inaccurate criminal information under this chapter
relating to the person or child, to determine if reasonable suspicion
exists to believe that the information is inaccurate.  Makes conforming
changes. 

Amends Article 61.08, Code of Criminal Procedure, to make conforming
changes. 

SECTION 7.

Makes a conforming change.

SECTION 8.

Requires DPS to report on the use and effectiveness of the intelligence
database under Article 61.03(d), Code of Criminal Procedure, no later than
December 1, 2000.  Deletes text regarding a legislative oversight
committee.