1-1 By: West, Duncan, Truan S.B. No. 8
1-2 (In the Senate - Filed March 12, 1999; March 15, 1999, read
1-3 first time and referred to Committee on Criminal Justice;
1-4 April 12, 1999, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 7, Nays 0; April 12, 1999,
1-6 sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 8 By: West
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to the compilation of criminal information pertaining to
1-11 criminal street gangs and criminal combinations.
1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13 SECTION 1. Article 61.01, Code of Criminal Procedure, is
1-14 amended by amending Subdivision (1) and adding Subdivisions (7) and
1-15 (8) to read as follows:
1-16 (1) "Combination" and "criminal street gang" have
has] the meanings [ meaning] assigned by Section 71.01, Penal Code.
1-18 (7) "Department" means the Department of Public Safety
1-19 of the State of Texas.
1-20 (8) "Intelligence database" means a collection or
1-21 compilation of data organized for search and retrieval to evaluate,
1-22 analyze, disseminate, or use intelligence information relating to a
1-23 criminal combination or a criminal street gang for the purpose of
1-24 investigating or prosecuting criminal offenses.
1-25 SECTION 2. Article 61.02, Code of Criminal Procedure, is
1-26 amended to read as follows:
1-27 Art. 61.02. CRIMINAL [ COMBINATION] INFORMATION INTELLIGENCE
1-28 DATABASE [ SYSTEM]. (a) Subject to Subsection (b), a [ A] criminal
1-29 justice agency may compile criminal information into an
1-30 intelligence database [ a system] for the purpose of investigating
1-31 or prosecuting the criminal activities of criminal combinations or
1-32 criminal street gangs. The information may be compiled on paper,
1-33 by computer, or in any other useful manner.
1-34 (b) A law enforcement agency may compile and maintain
1-35 criminal information relating to a criminal street gang as provided
1-36 by Subsection (a) in a local or regional intelligence database only
1-37 if the agency compiles and maintains the information in accordance
1-38 with the criminal intelligence systems operating policies
1-39 established under 28 C.F.R. Section 23.1 et seq. and the submission
1-40 criteria for gangs and gang members established by the Federal
1-41 Bureau of Investigation for the National Crime Information Center
1-42 Violent Gang and Terrorist Organizations File.
1-43 SECTION 3. Subsections (c) and (d), Article 61.03, Code of
1-44 Criminal Procedure, are amended to read as follows:
1-45 (c) If a [ A] local law enforcement [ criminal justice] agency
1-46 compiles and maintains information under this chapter relating to a
1-47 criminal street gang, the agency shall [ may not] send the
1-48 information [ collected under this chapter] to the department [ a
1-49 statewide database].
1-50 (d) The department shall maintain information received from
1-51 a local law enforcement agency under Subsection (c) in an
1-52 intelligence database in accordance with the policies established
1-53 under 28 C.F.R. Section 23.1 et seq. and the submission criteria
1-54 for gangs and gang members established by the Federal Bureau of
1-55 Investigation for the National Crime Information Center Violent
1-56 Gang and Terrorist Organizations File [ A local criminal justice
1-57 agency may send information collected under this chapter to a
1-58 regional database].
1-59 SECTION 4. Article 61.04, Code of Criminal Procedure, is
1-60 amended by adding Subsection (d) to read as follows:
1-61 (d) If a local law enforcement agency collects criminal
1-62 information under this chapter relating to a criminal street gang,
1-63 the governing body of the county or municipality served by the law
1-64 enforcement agency may adopt a policy to notify the parent or
2-1 guardian of a child of the agency's observations relating to the
2-2 child's association with a criminal street gang.
2-3 SECTION 5. Chapter 61, Code of Criminal Procedure, is
2-4 amended by adding Articles 61.07 and 61.08 to read as follows:
2-5 Art. 61.07. RIGHT TO REQUEST REVIEW OF CRIMINAL INFORMATION.
2-6 (a) On receipt of a written request of a person or the parent or
2-7 guardian of a child that includes a showing by the person or the
2-8 parent or guardian that a law enforcement agency has collected
2-9 inaccurate criminal information under this chapter relating to the
2-10 person or child, the head of the agency or the designee of the
2-11 agency head shall review criminal information collected by the
2-12 agency under this chapter relating to the person or child to
2-13 determine if reasonable suspicion exists to believe that the
2-14 information is inaccurate.
2-15 (b) If, after conducting a review of criminal information
2-16 under Subsection (a), the agency head or designee determines that:
2-17 (1) reasonable suspicion does exist to believe that
2-18 the information is inaccurate, the agency shall:
2-19 (A) destroy all records containing the
2-20 information; and
2-21 (B) notify the person who requested the review
2-22 of the agency's determination and the destruction of the records;
2-24 (2) reasonable suspicion does not exist to believe
2-25 that the information is inaccurate, the agency shall notify the
2-26 person who requested the review of the agency's determination and
2-27 that the person is entitled to seek judicial review of the agency's
2-28 determination under Article 61.08.
2-29 Art. 61.08. JUDICIAL REVIEW. (a) A person who is entitled
2-30 to seek judicial review of a determination made under Article
2-31 61.07(b)(2) may file a petition for review in district court.
2-32 (b) On the filing of a petition for review under Subsection
2-33 (a), the district court shall conduct an in camera review of the
2-34 criminal information that is the subject of the determination to
2-35 determine if reasonable suspicion exists to believe that the
2-36 information is inaccurate.
2-37 (c) If, after conducting an in camera review of criminal
2-38 information under Subsection (b), the court finds that reasonable
2-39 suspicion does exist to believe that the information is inaccurate,
2-40 the court shall order the law enforcement agency that collected the
2-41 information to destroy all records containing the information.
2-42 (d) A petitioner may appeal a final judgment of a district
2-43 court conducting an in camera review under this article.
2-44 SECTION 6. Article 61.06, Code of Criminal Procedure, is
2-46 SECTION 7. Not later than January 1, 2000, each law
2-47 enforcement agency that compiled and maintained criminal
2-48 information under Chapter 61, Code of Criminal Procedure, shall:
2-49 (1) review the information contained in the agency's
2-50 system that was compiled or maintained on or before December 31,
2-51 1999, to determine if the agency compiled the information and is
2-52 maintaining the information in accordance with the criminal
2-53 intelligence systems operating policies established under 28 C.F.R.
2-54 Section 23.1 et seq. and the submission criteria for gangs and gang
2-55 members established by the Federal Bureau of Investigation for the
2-56 National Crime Information Center Violent Gang and Terrorist
2-57 Organizations File; and
2-58 (2) purge all records containing any criminal
2-59 information kept in the agency's system that was not collected or
2-60 is not being maintained in accordance with the criminal
2-61 intelligence systems operating policies established under 28 C.F.R.
2-62 Section 23.1 et seq. and the submission criteria for gangs and gang
2-63 members established by the Federal Bureau of Investigation for the
2-64 National Crime Information Center Violent Gang and Terrorist
2-65 Organizations File.
2-66 SECTION 8. Not later than December 1, 2000, the Department
2-67 of Public Safety of the State of Texas shall report to the
2-68 legislature on the use and effectiveness of the intelligence
2-69 database maintained by the department under Subsection (d), Article
3-1 61.03, Code of Criminal Procedure, as amended by this Act.
3-2 SECTION 9. The importance of this legislation and the
3-3 crowded condition of the calendars in both houses create an
3-4 emergency and an imperative public necessity that the
3-5 constitutional rule requiring bills to be read on three several
3-6 days in each house be suspended, and this rule is hereby suspended,
3-7 and that this Act take effect and be in force from and after its
3-8 passage, and it is so enacted.
3-9 * * * * *