AN ACT
1-1 relating to the creation of a statewide law enforcement gang
1-2 resource system.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Chapter 61, Code of Criminal Procedure, is
1-5 amended by adding Article 61.08 to read as follows:
1-6 Art. 61.08. GANG RESOURCE SYSTEM. (a) The office of the
1-7 attorney general shall establish an electronic gang resource system
1-8 to provide criminal justice agencies and juvenile justice agencies
1-9 with information about criminal street gangs in the state. The
1-10 system may include the following information with regard to any
1-11 gang:
1-12 (1) gang name;
1-13 (2) gang identifiers, such as colors used, tattoos,
1-14 and clothing preferences;
1-15 (3) criminal activities;
1-16 (4) migration trends;
1-17 (5) recruitment activities; and
1-18 (6) a local law enforcement contact.
1-19 (b) Upon request by the office of the attorney general,
1-20 criminal justice agencies and juvenile justice agencies shall make
1-21 a reasonable attempt to provide gang information to the office of
1-22 the attorney general for the purpose of maintaining an updated,
1-23 comprehensive gang resource system.
1-24 (c) The office of the attorney general shall cooperate with
2-1 criminal justice agencies and juvenile justice agencies in
2-2 collecting and maintaining the accuracy of the information included
2-3 in the gang resource system.
2-4 (d) Information relating to the identity of a specific
2-5 offender or alleged offender may not be maintained in the gang
2-6 resource system.
2-7 (e) Information in the gang resource system may be used in
2-8 investigating gang-related crimes but may be included in affidavits
2-9 or subpoenas or used in connection with any other legal or judicial
2-10 proceeding only if the information from the system is corroborated
2-11 by information not provided or maintained in the system.
2-12 (f) Access to the gang resource system shall be limited to
2-13 criminal justice agency personnel and juvenile justice agency
2-14 personnel.
2-15 (g) Information in the gang resource system shall be
2-16 accessible by:
2-17 (1) municipality or county; and
2-18 (2) gang name.
2-19 (h) The office of the attorney general may coordinate with
2-20 the Texas Department of Criminal Justice to include information in
2-21 the gang resource system regarding groups which have been
2-22 identified by the Security Threat Group Management Office of the
2-23 Texas Department of Criminal Justice.
2-24 SECTION 2. The importance of this legislation and the
2-25 crowded condition of the calendars in both houses create an
2-26 emergency and an imperative public necessity that the
3-1 constitutional rule requiring bills to be read on three several
3-2 days in each house be suspended, and this rule is hereby suspended,
3-3 and that this Act take effect and be in force from and after its
3-4 passage, and it is so enacted.
_______________________________ _______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 1578 passed the Senate on
April 15, 1999, by the following vote: Yeas 30, Nays 0; and that
the Senate concurred in House amendments on May 28, 1999, by the
following vote: Yeas 30, Nays 0.
_______________________________
Secretary of the Senate
I hereby certify that S.B. No. 1578 passed the House, with
amendments, on May 23, 1999, by a non-record vote.
_______________________________
Chief Clerk of the House
Approved:
_______________________________
Date
_______________________________
Governor