76R14521 JMC-F
By West, et al. S.B. No. 8
Substitute the following for S.B. No. 8:
By Pickett C.S.S.B. No. 8
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the compilation of information pertaining to criminal
1-3 combinations and criminal street gangs and to the establishment of
1-4 a statewide database of criminal street gang information.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. The heading of Chapter 61, Code of Criminal
1-7 Procedure, is amended to read as follows:
1-8 CHAPTER 61. COMPILATION OF INFORMATION PERTAINING TO [A]
1-9 CRIMINAL COMBINATIONS AND CRIMINAL STREET GANGS [COMBINATION]
1-10 SECTION 2. Article 61.01, Code of Criminal Procedure, is
1-11 amended by amending Subdivision (1) and adding Subdivision (7) to
1-12 read as follows:
1-13 (1) "Combination" and "criminal street gang" have
1-14 [has] the meanings [meaning] assigned by Section 71.01, Penal Code.
1-15 (7) "Department" means the Department of Public
1-16 Safety.
1-17 SECTION 3. Article 61.02, Code of Criminal Procedure, is
1-18 amended to read as follows:
1-19 Art. 61.02. CRIMINAL COMBINATION AND CRIMINAL STREET GANG
1-20 INFORMATION SYSTEM; SUBMISSION CRITERIA. (a) Subject to
1-21 Subsection (b), a [A] criminal justice agency may compile criminal
1-22 information into a system for the purpose of investigating or
1-23 prosecuting the criminal activities of criminal combinations and
1-24 criminal street gangs. The information may be compiled on paper,
2-1 by computer, or in any other useful manner.
2-2 (b) A criminal justice agency may compile criminal
2-3 information under Subsection (a) relating to a criminal street gang
2-4 only if the information complies with the submission criteria under
2-5 Subsection (c).
2-6 (c) Criminal information collected under this chapter
2-7 relating to a criminal street gang must:
2-8 (1) be relevant to the identification of and the
2-9 criminal activity engaged in by an individual who or whose
2-10 organization is reasonably suspected of involvement in criminal
2-11 activity; and
2-12 (2) consist of any two of the following:
2-13 (A) a self-admission by the individual of
2-14 criminal street gang membership;
2-15 (B) an identification of the individual as a
2-16 criminal street gang member by a reliable informant or other
2-17 individual;
2-18 (C) a corroborated identification of the
2-19 individual as a criminal street gang member by an informant or
2-20 other individual of unknown reliability;
2-21 (D) evidence that the individual frequents a
2-22 documented area of a criminal street gang and associates with known
2-23 criminal street gang members;
2-24 (E) evidence that the individual uses criminal
2-25 street gang dress, hand signals, tattoos, or symbols; or
2-26 (F) evidence that the individual has been
2-27 arrested or taken into custody with known criminal street gang
3-1 members for an offense or conduct consistent with criminal street
3-2 gang activity.
3-3 SECTION 4. Article 61.03(c), Code of Criminal Procedure, is
3-4 amended to read as follows:
3-5 (c) A [local] criminal justice agency that compiles
3-6 information under Article 61.02 relating to a criminal street gang
3-7 shall [may not] send the information [collected under this chapter]
3-8 to the [a] statewide database maintained by the department under
3-9 Article 61.09, but only if the information complies with the
3-10 submission criteria under Article 61.02(c).
3-11 SECTION 5. Article 61.04(a), Code of Criminal Procedure, is
3-12 amended to read as follows:
3-13 (a) Notwithstanding Chapter 58, Family Code, criminal
3-14 information relating to a child associated with a combination or a
3-15 criminal street gang may be compiled and released under this
3-16 chapter regardless of the age of the child.
3-17 SECTION 6. Article 61.06, Code of Criminal Procedure, is
3-18 amended to read as follows:
3-19 Art. 61.06. REMOVAL [DESTRUCTION] OF RECORDS RELATING TO AN
3-20 INDIVIDUAL OTHER THAN A CHILD. (a) Subject to [Except as provided
3-21 by] Subsection (b), information collected under this chapter
3-22 relating to a criminal street gang must be removed from an
3-23 information system established under Article 61.02 and the
3-24 statewide database maintained by the department under Article 61.09
3-25 [destroyed] after five [two] years if:
3-26 (1) the information relates to the investigation or
3-27 prosecution of criminal activity engaged in by an individual other
4-1 than a child; and
4-2 (2) the individual who is the subject of the
4-3 information has not been arrested for [charged with] criminal
4-4 activity reported to the department under Chapter 60.
4-5 (b) In determining whether information is required to be
4-6 removed from an information system or the statewide database under
4-7 Subsection (a), the five-year period does not include any period
4-8 during which the individual who is the subject of the information
4-9 is confined in the institutional division or the state jail
4-10 division of the Texas Department of Criminal Justice [The
4-11 information destruction requirements of Subsection (a) are
4-12 suspended until September 1, 1999].
4-13 SECTION 7. Chapter 61, Code of Criminal Procedure, is
4-14 amended by adding Articles 61.07-61.09 to read as follows:
4-15 Art. 61.07. REMOVAL OF RECORDS RELATING TO A CHILD. (a)
4-16 Subject to Subsection (b), information collected under this article
4-17 relating to a criminal street gang must be removed from an
4-18 information system established under Article 61.02 and the
4-19 statewide database maintained by the department under Article 61.09
4-20 after three years if:
4-21 (1) the information relates to the investigation or
4-22 prosecution of criminal activity engaged in by a child; and
4-23 (2) the child who is the subject of the information
4-24 has not been:
4-25 (A) arrested for criminal activity reported to
4-26 the department under Chapter 60; or
4-27 (B) taken into custody for delinquent conduct
5-1 reported to the department under Chapter 58, Family Code.
5-2 (b) In determining whether information is required to be
5-3 removed from an information system or the statewide database under
5-4 Subsection (a), the three-year period does not include any period
5-5 during which the child who is the subject of the information is:
5-6 (1) committed to the Texas Youth Commission for
5-7 conduct that violates a penal law of the grade of felony; or
5-8 (2) confined in the institutional division or the
5-9 state jail division of the Texas Department of Criminal Justice.
5-10 Art. 61.08. RIGHT OF CERTAIN PERSONS TO REQUEST REVIEW OF
5-11 CRIMINAL INFORMATION RELATING TO A CHILD. (a) On receipt of a
5-12 written request of a child, the parent or guardian of a child, or
5-13 other individual about whom criminal information has been collected
5-14 under this chapter when the individual was a child, a criminal
5-15 justice agency shall review criminal information relating to the
5-16 child or the individual if the agency has sent the information to
5-17 the statewide database maintained by the department under Article
5-18 61.09 to determine if the information complies with the submission
5-19 criteria under Article 61.02(c).
5-20 (b) If, after conducting a review of criminal information
5-21 under Subsection (a), the criminal justice agency determines that
5-22 the information does not comply with the submission criteria under
5-23 Article 61.02(c), the agency shall:
5-24 (1) immediately remove all records containing the
5-25 information; and
5-26 (2) notify the department and the individual who
5-27 requested the review of the agency's determination and the removal
6-1 of the records.
6-2 (c) On receipt of notice under Subsection (b), the
6-3 department shall immediately remove all records containing the
6-4 information that is the subject of the notice from the statewide
6-5 database maintained by the department under Article 61.09.
6-6 Art. 61.09. STATEWIDE DATABASE. (a) Subject to Subsection
6-7 (b), the department shall establish and maintain a statewide
6-8 database of criminal information reported to the department under
6-9 Article 61.03(c).
6-10 (b) The department may compile criminal information into the
6-11 statewide database under Subsection (a) only if the information
6-12 complies with the submission criteria under Article 61.02(c).
6-13 (c) The department shall designate a code to distinguish
6-14 criminal information contained in the database relating to a child
6-15 from criminal information contained in the database relating to an
6-16 adult offender.
6-17 SECTION 8. Article 61.03(d), Code of Criminal Procedure, is
6-18 repealed.
6-19 SECTION 9. The change in law made by this Act applies to
6-20 criminal information collected under Chapter 61, Code of Criminal
6-21 Procedure, as amended by this Act, before, on, or after the
6-22 effective date of this Act.
6-23 SECTION 10. (a) A criminal justice agency is not required
6-24 to send information to the statewide database as required by
6-25 Article 61.03(c), Code of Criminal Procedure, as amended by this
6-26 Act, until September 1, 2000.
6-27 (b) The Department of Public Safety is not required to
7-1 establish a statewide database as required by Article 61.09, Code
7-2 of Criminal Procedure, as added by this Act, until September 1,
7-3 2000.
7-4 (c) Not later than September 1, 2000, each criminal justice
7-5 agency that collects criminal information under Chapter 61, Code of
7-6 Criminal Procedure, shall:
7-7 (1) review the information contained in the agency's
7-8 system and collected on or before August 31, 1999, to determine if
7-9 the information complies with the submission criteria under Article
7-10 61.02(c), Code of Criminal Procedure, as added by this Act; and
7-11 (2) except as provided by Subsection (d) of this
7-12 section, remove all records containing any criminal information
7-13 kept in the agency's system that does not comply with the
7-14 submission criteria under Article 61.02(c), Code of Criminal
7-15 Procedure, as added by this Act.
7-16 (d) A criminal justice agency is not required to remove from
7-17 the agency's system any criminal information that consists solely
7-18 of a self-admission by an individual of criminal street gang
7-19 membership.
7-20 SECTION 11. This Act takes effect September 1, 1999.
7-21 SECTION 12. The importance of this legislation and the
7-22 crowded condition of the calendars in both houses create an
7-23 emergency and an imperative public necessity that the
7-24 constitutional rule requiring bills to be read on three several
7-25 days in each house be suspended, and this rule is hereby suspended.