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. The heading of Chapter 61, Code of Criminal
1-5 Procedure, is amended to read as follows:
1-6 CHAPTER 61. COMPILATION OF INFORMATION PERTAINING TO [A] CRIMINAL
1-7 COMBINATIONS AND CRIMINAL STREET GANGS [COMBINATION]
1-8 SECTION 2. Article 61.01, Code of Criminal Procedure, is
1-9 amended by amending Subdivision (1) and adding Subdivisions (7),
1-10 (8), and (9) to read as follows:
1-11 (1) "Combination" and "criminal street gang" have
1-12 [has] the meanings [meaning] assigned by Section 71.01, Penal Code.
1-13 (7) "Department" means the Department of Public Safety
1-14 of the State of Texas.
1-15 (8) "Intelligence database" means a collection or
1-16 compilation of data organized for search and retrieval to evaluate,
1-17 analyze, disseminate, or use intelligence information relating to a
1-18 criminal combination or a criminal street gang for the purpose of
1-19 investigating or prosecuting criminal offenses.
1-20 (9) "Law enforcement agency" does not include the
1-21 Texas Department of Criminal Justice or the Texas Youth Commission.
1-22 SECTION 3. Article 61.02, Code of Criminal Procedure, is
1-23 amended to read as follows:
1-24 Art. 61.02. CRIMINAL COMBINATION AND CRIMINAL STREET GANG
2-1 INTELLIGENCE DATABASE; SUBMISSION CRITERIA [INFORMATION SYSTEM].
2-2 (a) Subject to Subsection (b), a [A] criminal justice agency may
2-3 compile criminal information into an intelligence database [a
2-4 system] for the purpose of investigating or prosecuting the
2-5 criminal activities of criminal combinations or criminal street
2-6 gangs. The information may be compiled on paper, by computer, or
2-7 in any other useful manner.
2-8 (b) A law enforcement agency may compile and maintain
2-9 criminal information relating to a criminal street gang as provided
2-10 by Subsection (a) in a local or regional intelligence database only
2-11 if the agency compiles and maintains the information in accordance
2-12 with the criminal intelligence systems operating policies
2-13 established under 28 C.F.R. Section 23.1 et seq. and the submission
2-14 criteria established under Subsection (c).
2-15 (c) Criminal information collected under this chapter
2-16 relating to a criminal street gang must:
2-17 (1) be relevant to the identification of an
2-18 organization that is reasonably suspected of involvement in
2-19 criminal activity; and
2-20 (2) consist of any two of the following:
2-21 (A) a self-admission by the individual of
2-22 criminal street gang membership;
2-23 (B) an identification of the individual as a
2-24 criminal street gang member by a reliable informant or other
2-25 individual;
2-26 (C) a corroborated identification of the
3-1 individual as a criminal street gang member by an informant or
3-2 other individual of unknown reliability;
3-3 (D) evidence that the individual frequents a
3-4 documented area of a criminal street gang, associates with known
3-5 criminal street gang members, and uses criminal street gang dress,
3-6 hand signals, tattoos, or symbols; or
3-7 (E) evidence that the individual has been
3-8 arrested or taken into custody with known criminal street gang
3-9 members for an offense or conduct consistent with criminal street
3-10 gang activity.
3-11 SECTION 4. Article 61.03, Code of Criminal Procedure, is
3-12 amended by amending Subsections (c) and (d) and adding Subsection
3-13 (e) to read as follows:
3-14 (c) If a [A] local law enforcement [criminal justice] agency
3-15 compiles and maintains information under this chapter relating to a
3-16 criminal street gang, the agency shall [may not] send the
3-17 information [collected under this chapter] to the department [a
3-18 statewide database].
3-19 (d) The department shall establish an intelligence database
3-20 and shall maintain information received from an agency under
3-21 Subsection (c) in the database in accordance with the policies
3-22 established under 28 C.F.R. Section 23.1 et seq. and the submission
3-23 criteria under Article 61.02(c) [A local criminal justice agency
3-24 may send information collected under this chapter to a regional
3-25 database].
3-26 (e) The department shall designate a code to distinguish
4-1 criminal information contained in the intelligence database
4-2 relating to a child from criminal information contained in the
4-3 database relating to an adult offender.
4-4 SECTION 5. Article 61.04, Code of Criminal Procedure, is
4-5 amended by amending Subsection (a) and by adding Subsection (d) to
4-6 read as follows:
4-7 (a) Notwithstanding Chapter 58, Family Code, criminal
4-8 information relating to a child associated with a combination or a
4-9 criminal street gang may be compiled and released under this
4-10 chapter regardless of the age of the child.
4-11 (d) If a local law enforcement agency collects criminal
4-12 information under this chapter relating to a criminal street gang,
4-13 the governing body of the county or municipality served by the law
4-14 enforcement agency may adopt a policy to notify the parent or
4-15 guardian of a child of the agency's observations relating to the
4-16 child's association with a criminal street gang.
4-17 SECTION 6. Article 61.06, Code of Criminal Procedure, is
4-18 amended to read as follows:
4-19 Art. 61.06. REMOVAL [DESTRUCTION] OF RECORDS RELATING TO AN
4-20 INDIVIDUAL OTHER THAN A CHILD. (a) This article does not apply to
4-21 information collected under this chapter by the Texas Department of
4-22 Criminal Justice or the Texas Youth Commission.
4-23 (b) Subject to [Except as provided by] Subsection (c) [(b)],
4-24 information collected under this chapter relating to a criminal
4-25 street gang must be removed from an intelligence database
4-26 established under Article 61.02 and the intelligence database
5-1 maintained by the department under Article 61.03 [destroyed] after
5-2 three [two] years if:
5-3 (1) the information relates to the investigation or
5-4 prosecution of criminal activity engaged in by an individual other
5-5 than a child; and
5-6 (2) the individual who is the subject of the
5-7 information has not been arrested for [charged with] criminal
5-8 activity reported to the department under Chapter 60.
5-9 (c) In determining whether information is required to be
5-10 removed from an intelligence database under Subsection (b), the
5-11 three-year period does not include any period during which the
5-12 individual who is the subject of the information is confined in the
5-13 institutional division or the state jail division of the Texas
5-14 Department of Criminal Justice [(b) The information destruction
5-15 requirements of Subsection (a) are suspended until September 1,
5-16 1999].
5-17 SECTION 7. Chapter 61, Code of Criminal Procedure, is
5-18 amended by adding Articles 61.07, 61.08, and 61.09 to read as
5-19 follows:
5-20 Art. 61.07. REMOVAL OF RECORDS RELATING TO A CHILD.
5-21 (a) This article does not apply to information collected under
5-22 this chapter by the Texas Department of Criminal Justice or the
5-23 Texas Youth Commission.
5-24 (b) Subject to Subsection (c), information collected under
5-25 this chapter relating to a criminal street gang must be removed
5-26 from an intelligence database established under Article 61.02 and
6-1 the intelligence database maintained by the department under
6-2 Article 61.03 after two years if:
6-3 (1) the information relates to the investigation or
6-4 prosecution of criminal activity engaged in by a child; and
6-5 (2) the child who is the subject of the information
6-6 has not been:
6-7 (A) arrested for criminal activity reported to
6-8 the department under Chapter 60; or
6-9 (B) taken into custody for delinquent conduct
6-10 reported to the department under Chapter 58, Family Code.
6-11 (c) In determining whether information is required to be
6-12 removed from an intelligence database under Subsection (b), the
6-13 two-year period does not include any period during which the child
6-14 who is the subject of the information is:
6-15 (1) committed to the Texas Youth Commission for
6-16 conduct that violates a penal law of the grade of felony; or
6-17 (2) confined in the institutional division or the
6-18 state jail division of the Texas Department of Criminal Justice.
6-19 Art. 61.08. RIGHT TO REQUEST REVIEW OF CRIMINAL INFORMATION.
6-20 (a) On receipt of a written request of a person or the parent or
6-21 guardian of a child that includes a showing by the person or the
6-22 parent or guardian that a law enforcement agency may have collected
6-23 criminal information under this chapter relating to the person or
6-24 child that is inaccurate or that does not comply with the
6-25 submission criteria under Article 61.02(c), the head of the agency
6-26 or the designee of the agency head shall review criminal
7-1 information collected by the agency under this chapter relating to
7-2 the person or child to determine if:
7-3 (1) reasonable suspicion exists to believe that the
7-4 information is accurate; and
7-5 (2) the information complies with the submission
7-6 criteria established under Article 61.02(c).
7-7 (b) If, after conducting a review of criminal information
7-8 under Subsection (a), the agency head or designee determines that:
7-9 (1) reasonable suspicion does not exist to believe
7-10 that the information is accurate or the information does not comply
7-11 with the submission criteria, the agency shall:
7-12 (A) destroy all records containing the
7-13 information; and
7-14 (B) notify the department and the person who
7-15 requested the review of the agency's determination and the
7-16 destruction of the records; or
7-17 (2) reasonable suspicion does exist to believe that
7-18 the information is accurate and the information complies with the
7-19 submission criteria, the agency shall notify the person who
7-20 requested the review of the agency's determination and that the
7-21 person is entitled to seek judicial review of the agency's
7-22 determination under Article 61.09.
7-23 (c) On receipt of notice under Subsection (b), the
7-24 department shall immediately destroy all records containing the
7-25 information that is the subject of the notice in the intelligence
7-26 database maintained by the department under Article 61.03.
8-1 (d) A person who is committed to the Texas Youth Commission
8-2 or confined in the institutional division or the state jail
8-3 division of the Texas Department of Criminal Justice does not while
8-4 committed or confined have the right to request review of criminal
8-5 information under this article.
8-6 Art. 61.09. JUDICIAL REVIEW. (a) A person who is entitled
8-7 to seek judicial review of a determination made under Article
8-8 61.08(b)(2) may file a petition for review in district court in the
8-9 county in which the person resides.
8-10 (b) On the filing of a petition for review under Subsection
8-11 (a), the district court shall conduct an in camera review of the
8-12 criminal information that is the subject of the determination to
8-13 determine if:
8-14 (1) reasonable suspicion exists to believe that the
8-15 information is accurate; and
8-16 (2) the information complies with the submission
8-17 criteria under Article 61.02(c).
8-18 (c) If, after conducting an in camera review of criminal
8-19 information under Subsection (b), the court finds that reasonable
8-20 suspicion does not exist to believe that the information is
8-21 accurate or that the information does not comply with the
8-22 submission criteria, the court shall:
8-23 (1) order the law enforcement agency that collected
8-24 the information to destroy all records containing the information;
8-25 and
8-26 (2) notify the department of the court's determination
9-1 and the destruction of the records.
9-2 (d) A petitioner may appeal a final judgment of a district
9-3 court conducting an in camera review under this article.
9-4 (e) Information that is the subject of an in camera review
9-5 under this article is confidential and may not be disclosed.
9-6 SECTION 8. The change in law made by this Act applies to
9-7 criminal information collected under Chapter 61, Code of Criminal
9-8 Procedure, as amended by this Act, before, on, or after the
9-9 effective date of this Act.
9-10 SECTION 9. (a) A law enforcement agency is not required to
9-11 send information to the intelligence database as required by
9-12 Subsection (c), Article 61.03, Code of Criminal Procedure, as
9-13 amended by this Act, until September 1, 2000.
9-14 (b) The Department of Public Safety of the State of Texas is
9-15 not required to establish an intelligence database as required by
9-16 Article 61.03, Code of Criminal Procedure, as amended by this Act,
9-17 until September 1, 2000.
9-18 (c) Not later than September 1, 2000, each law enforcement
9-19 agency that compiled and maintained criminal information under
9-20 Chapter 61, Code of Criminal Procedure, shall:
9-21 (1) review the information contained in the agency's
9-22 database that was compiled or maintained on or before September 1,
9-23 1999, to determine if the agency compiled the information and is
9-24 maintaining the information in accordance with the criminal
9-25 intelligence systems operating policies established under 28 C.F.R.
9-26 Section 23.1 et seq. and the submission criteria established under
10-1 Subsection (c), Article 61.02, Code of Criminal Procedure, as added
10-2 by this Act; and
10-3 (2) except as provided by Subsection (d) of this
10-4 section, remove all records containing any criminal information
10-5 kept in the agency's database that was not collected or is not
10-6 being maintained in accordance with the criminal intelligence
10-7 systems operating policies established under 28 C.F.R. Section
10-8 23.1 et seq. and the submission criteria under Subsection (c),
10-9 Article 61.02, Code of Criminal Procedure, as added by this Act.
10-10 (d) A law enforcement agency is not required under
10-11 Subdivision (2) of Subsection (c) of this section to remove from
10-12 the agency's database any criminal information that consists solely
10-13 of a self-admission by an individual of criminal street gang
10-14 membership.
10-15 SECTION 10. Not later than December 1, 2000, the Department
10-16 of Public Safety of the State of Texas shall report to the
10-17 legislature on the implementation of the intelligence database
10-18 maintained by the department under Article 61.03, Code of Criminal
10-19 Procedure, as amended by this Act.
10-20 SECTION 11. This Act takes effect September 1, 1999.
10-21 SECTION 12. The importance of this legislation and the
10-22 crowded condition of the calendars in both houses create an
10-23 emergency and an imperative public necessity that the
10-24 constitutional rule requiring bills to be read on three several
10-25 days in each house be suspended, and this rule is hereby suspended.
S.B. No. 8
________________________________ ________________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 8 passed the Senate on
April 27, 1999, by the following vote: Yeas 30, Nays 0;
May 21, 1999, Senate refused to concur in House amendments and
requested appointment of Conference Committee; May 24, 1999, House
granted request of the Senate; May 30, 1999, Senate adopted
Conference Committee Report by a viva-voce vote.
_______________________________
Secretary of the Senate
I hereby certify that S.B. No. 8 passed the House, with
amendments, on May 19, 1999, by the following vote: Yeas 104,
Nays 40, one present not voting; May 24, 1999, House granted
request of the Senate for appointment of Conference Committee;
May 30, 1999, House adopted Conference Committee Report by a
non-record vote.
_______________________________
Chief Clerk of the House
Approved:
________________________________
Date
________________________________
Governor