By: West, Duncan, Truan S.B. No. 8
A BILL TO BE ENTITLED
1-1 relating to the compilation of criminal information pertaining to
1-2 criminal street gangs and criminal combinations.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Article 61.01, Code of Criminal Procedure, is
1-5 amended by amending Subdivision (1) and adding Subdivisions (7) and
1-6 (8) to read as follows:
1-7 (1) "Combination" and "criminal street gang" have
has] the meanings [ meaning] assigned by Section 71.01, Penal Code.
1-9 (7) "Department" means the Department of Public Safety
1-10 of the State of Texas.
1-11 (8) "Intelligence database" means a collection or
1-12 compilation of data organized for search and retrieval to evaluate,
1-13 analyze, disseminate, or use intelligence information relating to a
1-14 criminal combination or a criminal street gang for the purpose of
1-15 investigating or prosecuting criminal offenses.
1-16 SECTION 2. Article 61.02, Code of Criminal Procedure, is
1-17 amended to read as follows:
1-18 Art. 61.02. CRIMINAL [ COMBINATION] INFORMATION INTELLIGENCE
1-19 DATABASE [ SYSTEM]. (a) Subject to Subsection (b), a [ A] criminal
1-20 justice agency may compile criminal information into an
1-21 intelligence database [ a system] for the purpose of investigating
1-22 or prosecuting the criminal activities of criminal combinations or
1-23 criminal street gangs. The information may be compiled on paper,
1-24 by computer, or in any other useful manner.
2-1 (b) A law enforcement agency may compile and maintain
2-2 criminal information relating to a criminal street gang as provided
2-3 by Subsection (a) in a local or regional intelligence database only
2-4 if the agency compiles and maintains the information in accordance
2-5 with the criminal intelligence systems operating policies
2-6 established under 28 C.F.R. Section 23.1 et seq. and the submission
2-7 criteria for gangs and gang members established by the Federal
2-8 Bureau of Investigation for the National Crime Information Center
2-9 Violent Gang and Terrorist Organizations File.
2-10 SECTION 3. Subsections (c) and (d), Article 61.03, Code of
2-11 Criminal Procedure, are amended to read as follows:
2-12 (c) If a [ A] local law enforcement [ criminal justice] agency
2-13 compiles and maintains information under this chapter relating to a
2-14 criminal street gang, the agency shall [ may not] send the
2-15 information [ collected under this chapter] to the department [ a
2-16 statewide database].
2-17 (d) The department shall maintain information received from
2-18 a local law enforcement agency under Subsection (c) in an
2-19 intelligence database in accordance with the policies established
2-20 under 28 C.F.R. Section 23.1 et seq. and the submission criteria
2-21 for gangs and gang members established by the Federal Bureau of
2-22 Investigation for the National Crime Information Center Violent
2-23 Gang and Terrorist Organizations File [ A local criminal justice
2-24 agency may send information collected under this chapter to a
2-25 regional database].
2-26 SECTION 4. Article 61.04, Code of Criminal Procedure, is
3-1 amended by adding Subsection (d) to read as follows:
3-2 (d) If a local law enforcement agency collects criminal
3-3 information under this chapter relating to a criminal street gang,
3-4 the governing body of the county or municipality served by the law
3-5 enforcement agency may adopt a policy to notify the parent or
3-6 guardian of a child of the agency's observations relating to the
3-7 child's association with a criminal street gang.
3-8 SECTION 5. Chapter 61, Code of Criminal Procedure, is
3-9 amended by adding Articles 61.07 and 61.08 to read as follows:
3-10 Art. 61.07. RIGHT TO REQUEST REVIEW OF CRIMINAL INFORMATION.
3-11 (a) On receipt of a written request of a person or the parent or
3-12 guardian of a child that includes a showing by the person or the
3-13 parent or guardian that a law enforcement agency has collected
3-14 inaccurate criminal information under this chapter relating to the
3-15 person or child, the head of the agency or the designee of the
3-16 agency head shall review criminal information collected by the
3-17 agency under this chapter relating to the person or child to
3-18 determine if reasonable suspicion exists to believe that the
3-19 information is accurate.
3-20 (b) If, after conducting a review of criminal information
3-21 under Subsection (a), the agency head or designee determines that:
3-22 (1) reasonable suspicion does not exist to believe
3-23 that the information is accurate, the agency shall:
3-24 (A) destroy all records containing the
3-25 information; and
3-26 (B) notify the person who requested the review
4-1 of the agency's determination and the destruction of the records;
4-3 (2) reasonable suspicion does exist to believe that
4-4 the information is accurate, the agency shall notify the person who
4-5 requested the review of the agency's determination and that the
4-6 person is entitled to seek judicial review of the agency's
4-7 determination under Article 61.08.
4-8 Art. 61.08. JUDICIAL REVIEW. (a) A person who is entitled
4-9 to seek judicial review of a determination made under Article
4-10 61.07(b)(2) may file a petition for review in district court.
4-11 (b) On the filing of a petition for review under Subsection
4-12 (a), the district court shall conduct an in camera review of the
4-13 criminal information that is the subject of the determination to
4-14 determine if reasonable suspicion exists to believe that the
4-15 information is accurate.
4-16 (c) If, after conducting an in camera review of criminal
4-17 information under Subsection (b), the court finds that reasonable
4-18 suspicion does not exist to believe that the information is
4-19 accurate, the court shall order the law enforcement agency that
4-20 collected the information to destroy all records containing the
4-22 (d) A petitioner may appeal a final judgment of a district
4-23 court conducting an in camera review under this article.
4-24 SECTION 6. Article 61.06, Code of Criminal Procedure, is
4-26 SECTION 7. Not later than January 1, 2000, each law
5-1 enforcement agency that compiled and maintained criminal
5-2 information under Chapter 61, Code of Criminal Procedure, shall:
5-3 (1) review the information contained in the agency's
5-4 system that was compiled or maintained on or before December 31,
5-5 1999, to determine if the agency compiled the information and is
5-6 maintaining the information in accordance with the criminal
5-7 intelligence systems operating policies established under 28 C.F.R.
5-8 Section 23.1 et seq. and the submission criteria for gangs and gang
5-9 members established by the Federal Bureau of Investigation for the
5-10 National Crime Information Center Violent Gang and Terrorist
5-11 Organizations File; and
5-12 (2) purge all records containing any criminal
5-13 information kept in the agency's system that was not collected or
5-14 is not being maintained in accordance with the criminal
5-15 intelligence systems operating policies established under 28 C.F.R.
5-16 Section 23.1 et seq. and the submission criteria for gangs and gang
5-17 members established by the Federal Bureau of Investigation for the
5-18 National Crime Information Center Violent Gang and Terrorist
5-19 Organizations File.
5-20 SECTION 8. Not later than December 1, 2000, the Department
5-21 of Public Safety of the State of Texas shall report to the
5-22 legislature on the use and effectiveness of the intelligence
5-23 database maintained by the department under Subsection (d), Article
5-24 61.03, Code of Criminal Procedure, as amended by this Act.
5-25 SECTION 9. The importance of this legislation and the
5-26 crowded condition of the calendars in both houses create an
6-1 emergency and an imperative public necessity that the
6-2 constitutional rule requiring bills to be read on three several
6-3 days in each house be suspended, and this rule is hereby suspended,
6-4 and that this Act take effect and be in force from and after its
6-5 passage, and it is so enacted.