By Goodman                                            H.B. No. 1712
         76R3556 JMC-F                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the compilation of information pertaining to a criminal
 1-3     combination and to the establishment of a statewide database of
 1-4     criminal street gang information.
 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-6           SECTION 1.  Article 61.01, Code of Criminal Procedure, is
 1-7     amended by amending Subdivision (1) and adding Subdivision (7) to
 1-8     read as follows:
 1-9                 (1)  "Combination" and "criminal street gang" have
1-10     [has] the meanings [meaning] assigned by Section 71.01, Penal Code.
1-11                 (7)  "Department" means the Department of Public
1-12     Safety.
1-13           SECTION 2.  Article 61.03(c), Code of Criminal Procedure, is
1-14     amended to read as follows:
1-15           (c)  A [local] criminal justice agency that compiles
1-16     information under Article 61.02 relating to a criminal street gang
1-17     shall [may not] send a copy of the information [collected under
1-18     this chapter] to the [a] statewide database maintained by the
1-19     department under Article 61.07.
1-20           SECTION 3.  Article 61.06, Code of Criminal Procedure, is
1-21     amended to read as follows:
1-22           Art. 61.06.  REMOVAL [DESTRUCTION] OF RECORDS.  (a)  Subject
1-23     to [Except as provided by] Subsection (b), information collected
1-24     under this chapter relating to a criminal street gang must be
 2-1     removed from an information system established under Article 61.02
 2-2     and the statewide database maintained by the department under
 2-3     Article 61.07 [destroyed] after five [two] years if:
 2-4                 (1)  the information relates to the investigation or
 2-5     prosecution of criminal activity engaged in by a child; and
 2-6                 (2)  the individual who is the subject of the
 2-7     information has not been:
 2-8                       (A)  arrested for:
 2-9                             (i)  [charged with] criminal activity
2-10     reported to the department under Chapter 60; or
2-11                             (ii)  an offense under Section 42.01(a)(6)
2-12     or (11), Penal Code; or
2-13                       (B)  taken into custody for:
2-14                             (i)  delinquent conduct reported to the
2-15     department under Chapter 58, Family Code; or
2-16                             (ii)  conduct constituting an offense under
2-17     Section 42.01(a)(6) or (11), Penal Code.
2-18           (b)  In determining whether information is required to be
2-19     removed from an information system or the statewide database under
2-20     Subsection (a), the five-year period does not include any period
2-21     during which the individual who is the subject of the information
2-22     is:
2-23                 (1)  committed to the Texas Youth Commission for
2-24     conduct that violates a penal law of the grade of felony; or
2-25                 (2)  confined in the institutional division or the
2-26     state jail division of the Texas Department of Criminal Justice
2-27     [The information destruction requirements of Subsection (a) are
 3-1     suspended until September 1, 1999].
 3-2           SECTION 4.  Chapter 61, Code of Criminal Procedure, is
 3-3     amended by adding Article 61.07 to read as follows:
 3-4           Art. 61.07.  STATEWIDE DATABASE.  The department shall
 3-5     establish and maintain a statewide database of criminal information
 3-6     reported to the  department under Article 61.03(c).
 3-7           SECTION 5.  Article 61.03(d), Code of Criminal Procedure, is
 3-8     repealed.
 3-9           SECTION 6.  The change in law made by this Act applies to
3-10     criminal information collected under Chapter 61, Code of Criminal
3-11     Procedure, as amended by this Act, before, on, or after the
3-12     effective date of this Act.
3-13           SECTION 7.  This Act takes effect September 1, 1999.
3-14           SECTION 8.  The importance of this legislation and the
3-15     crowded condition of the calendars in both houses create an
3-16     emergency and an imperative public necessity that the
3-17     constitutional rule requiring bills to be read on three several
3-18     days in each house be suspended, and this rule is hereby suspended.