By: West, Duncan S.B. No. 8
Line and page numbers may not match official copy.
Bill not drafted by TLC or Senate E&E.
A BILL TO BE ENTITLED
1-1 relating to the compilation of criminal intelligence information
1-2 pertaining to criminal street gangs.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Article 61.01(1), Code of Criminal Procedure, is
1-5 amended to read as follows:
1-6 (1) "Combination" and "criminal street gang" have
has] the meanings [ meaning] assigned by Section 71.01, Penal Code.
1-8 (2) "Child" has the meaning assigned by Section 51.02,
1-9 Family Code.
1-10 (3) "Criminal information" means facts, material,
1-11 photograph, or data reasonably related to the investigation or
1-12 prosecution of criminal activity.
1-13 (4) "Criminal activity" means conduct that is subject
1-14 to prosecution.
1-15 (5) "Criminal justice agency" has the meeting assigned
1-16 by Article 60.01 and also means a municipal or county agency, or
1-17 school district law enforcement agency, that is engaged in the
1-18 administration of criminal justice under a statute or executive
1-20 (6) "Administration of criminal justice" has the
1-21 meaning assigned by Article 60.01.
1-22 (7) "Gang Intelligence Database" means a collection or
2-1 compilation of data organized for search and retrieval to evaluate,
2-2 analyze, disseminate and utilize intelligence information on
2-3 criminal street gangs or criminal street gang members for the
2-4 purpose of investigation and prosecution of crime.
2-5 SECTION 2. Article 61.02, Code of Criminal Procedure, is
2-6 amended to read as follows:
2-7 Art. 61.02. CRIMINAL COMBINATION INFORMATION DATABASE
2-8 [ SYSTEM]. (a) Subject to Subsections (b) and (c), a [ A] criminal
2-9 justice agency may compile criminal information into an
2-10 intelligence database [ a system] for the purpose of investigating
2-11 or prosecuting the criminal activities of criminal combinations.
2-12 The information may be compiled on paper, by computer, or in any
2-13 other useful manner.
2-14 (b) A law enforcement agency may compile and maintain
2-15 criminal intelligence information as provided by Subsection (a) in
2-16 a local or regional database only if the agency compiles and
2-17 maintains the information in accordance with the criminal
2-18 intelligence systems operating policies established in 28 C.F.R.
2-19 Section 23.1 et seq and the submission criteria for gangs and gang
2-20 members established by the Federal Bureau of Investigation for the
2-21 National Crime Information Center Violent Gang and Terrorist
2-22 Organizations File.
2-23 (c) A local law enforcement agency may compile and maintain
2-24 criminal intelligence information relating to a criminal street
2-25 gang only if the governing body of the municipality or county
2-26 served by the local law enforcement agency authorizes the agency to
3-1 compile and maintain the information.
3-2 SECTION 3. Articles 61.03(c) and (d), Code of Criminal
3-3 Procedure, are amended to read as follows:
3-4 (c) If a [ A] local law enforcement [ criminal justice] agency
3-5 compiles and maintains information under this chapter relating to a
3-6 criminal street gang, the agency may [ not] send the information
3-7 [ collected under this chapter] to the Texas Department of Public
3-8 Safety if the governing body of the municipality or county served
3-9 by the local law enforcement agency authorizes the agency to send
3-10 the information [ a statewide database].
3-11 (d) [ A local criminal justice agency may send information
3-12 collected under this chapter to a regional database.] The Texas
3-13 Department of Public Safety shall maintain information collected
3-14 under this chapter in a criminal intelligence database which
3-15 operates in accordance with the policies established in 28 C.F.R.
3-16 Section 23.1 et seq. and the submission criteria for gangs and gang
3-17 members established by the Federal Bureau of Investigation for the
3-18 National Crime Information Center Violent Gang and Terrorist
3-19 Organizations File.
3-20 SECTION 4. Article 61.04, Code of Criminal Procedure, is
3-21 amended by adding Subsection (d) to read as follows:
3-22 (d) If a local law enforcement agency collects criminal
3-23 intelligence information regarding criminal street gangs, the
3-24 governing body of the county or municipality served by the law
3-25 enforcement agency may adopt a policy to notify the parent or
3-26 guardian of a child of the agency's observations relating to the
4-1 child's association with a criminal street gang.
4-2 SECTION 5. Chapter 61, Code of Criminal Procedure, is
4-3 amended by adding Articles 61.07 and 61.08 to read as follows:
4-4 Art. 61.07. RIGHT TO REQUEST REVIEW OF CRIMINAL INFORMATION.
4-5 (a) On receipt of a written request of a person or the parent or
4-6 guardian of a child, the head of a law enforcement agency or the
4-7 designee of the agency head shall review criminal information
4-8 collected by the agency under this chapter relating to the person
4-9 or child to determine if reasonable cause exists to believe that
4-10 the information is accurate.
4-11 (b) If, after conducting a review of criminal information
4-12 under Subsection (a), the agency head or designee determines that:
4-13 (1) reasonable cause does not exist to believe that
4-14 the information is accurate, the agency shall:
4-15 (A) destroy all records containing the
4-16 information; and
4-17 (B) notify the person who requested the review
4-18 of the agency's determination and the destruction of the records;
4-20 (2) reasonable cause exists to believe that the
4-21 information is accurate, the agency shall notify the person who
4-22 requested the review of the agency's determination and that the
4-23 person is entitled to seek judicial review of the agency's
4-24 determination under Article 61.08.
4-25 Art. 61.08. JUDICIAL REVIEW. (a) A person who is entitled
4-26 to seek judicial review of a determination made under Article
5-1 61.07(b)(2) may file a petition for review in district court.
5-2 (b) On the filing of a petition for review under Subsection
5-3 (a), the district court shall conduct an in camera review of the
5-4 criminal information that is the subject of the determination to
5-5 determine if reasonable cause exists to believe that the
5-6 information is accurate.
5-7 (c) If, after conducting an in camera review of criminal
5-8 information under Subsection (b), the court finds that reasonable
5-9 cause does not exist to believe that the information is accurate,
5-10 the court shall order the law enforcement agency that collected the
5-11 information to destroy all records containing the information.
5-12 (d) A petitioner may appeal a final judgment of a district
5-13 court conducting an in camera review under this article.
5-14 SECTION 6. Article 61.06, Code of Criminal Procedure, is
5-16 SECTION 7. Not later than January 1, 2000, each law
5-17 enforcement agency that compiled and maintained criminal
5-18 intelligence information under Chapter 61, Code of Criminal
5-19 Procedure, shall:
5-20 (1) review the information contained in the agency's
5-21 system that was compiled or maintained on or before December 31,
5-22 1999, to determine if the agency compiled the information and is
5-23 maintaining the information in accordance with the criminal
5-24 intelligence systems operating policies established in 28 C.F.R.
5-25 Section 23.1 et seq. and the submission criteria for gangs and gang
5-26 members established by the Federal Bureau of Investigation for the
6-1 National Crime Information Center Violent Gang and Terrorist
6-2 Organizations File; and
6-3 (2) purge all records containing any criminal
6-4 information kept in the agency's system that was not collected or
6-5 is not being maintained in accordance with the criminal
6-6 intelligence systems operating policies established in 28 C.F.R.
6-7 Section 23.1 et seq. and the submission criteria for gangs and gang
6-8 members established by the Federal Bureau of Investigation for the
6-9 National Crime Information Center Violent Gang and Terrorist
6-10 Organizations File.
6-11 SECTION 8. (a) Not later than September 1, 1999, the
6-12 Governor, Lt. Governor and Speaker shall establish a legislative
6-13 oversight committee to study the effectiveness of any criminal
6-14 intelligence information system used in accordance with this
6-16 (b) Not later than December 1, 2000, the Texas Department of
6-17 Public Safety shall report to the legislature on the use and
6-18 effectiveness of any criminal intelligence information system used
6-19 in accordance with this chapter.
6-20 SECTION 9. The importance of this legislation and the
6-21 crowded condition of the calendars in both houses create an
6-22 emergency and an imperative public necessity that the
6-23 constitutional rule requiring bills to be read on three several
6-24 days in each house be suspended, and this rule is hereby suspended,
6-25 and that this Act take effect and be in force from and after its
6-26 passage, and it is so enacted.