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
1-17     [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;
2-23     or
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
2-45     repealed.
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.
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