By:  West, Duncan, Truan                                 S.B. No. 8
              Bernsen
                                A BILL TO BE ENTITLED
                                       AN ACT
 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
 1-8     [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;
 4-2     or
 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
4-21     information.
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
4-25     repealed.
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.