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
                                       AN ACT
 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
 1-7     [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
1-19     order.
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;
4-19     or
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
5-15     repealed.
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
6-15     chapter.
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.