By: West, et al. S.B. No. 1578 A BILL TO BE ENTITLED 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 law enforcement agencies with information about criminal 1-9 street gangs in the state. The system shall include the following 1-10 information with regard to any gang: 1-11 (1) gang name; 1-12 (2) gang identifiers, such as colors used, tattoos, 1-13 and clothing preferences; 1-14 (3) criminal activities; 1-15 (4) migration trends; 1-16 (5) recruitment activities; and 1-17 (6) a local law enforcement contact. 1-18 (b) Upon request by the office of the attorney general, law 1-19 enforcement agencies shall make a reasonable attempt to provide 1-20 gang information to the office of the attorney general for the 1-21 purpose of maintaining an updated, comprehensive gang resource 1-22 system. 1-23 (c) The office of the attorney general shall cooperate with 1-24 law enforcement agencies in collecting and maintaining the accuracy 2-1 of the information included in the gang resource system. 2-2 (d) Information relating to the identity of a specific 2-3 offender or alleged offender may not be maintained in the gang 2-4 resource system. 2-5 (e) Information in the gang resource system may be used in 2-6 investigating gang-related crimes but shall not be included in 2-7 affidavits or subpoenas or used in connection with any other legal 2-8 or judicial proceedings. 2-9 (f) Access to the gang resource system shall be limited to 2-10 law enforcement personnel. 2-11 (g) Information in the gang resource system shall be 2-12 accessible by: 2-13 (1) municipality or county; and 2-14 (2) gang name. 2-15 (h) The office of the attorney general may coordinate with 2-16 the Texas Department of Criminal Justice to include information in 2-17 the gang resource system regarding groups which have been 2-18 identified by the Security Threat Group Management Office of the 2-19 Texas Department of Criminal Justice. 2-20 SECTION 2. The importance of this legislation and the 2-21 crowded condition of the calendars in both houses create an 2-22 emergency and an imperative public necessity that the 2-23 constitutional rule requiring bills to be read on three several 2-24 days in each house be suspended, and this rule is hereby suspended, 2-25 and that this Act take effect and be in force from and after its 2-26 passage, and it is so enacted. 3-1 COMMITTEE AMENDMENT NO. 1 3-2 Amend Senate Bill 1578 as follows: 3-3 In SECTION 1 of the bill, on page 1, lines 37, 38 and 39, 3-4 delete the following in Article 61.08(e) Code of Criminal 3-5 Procedure: 3-6 "shall not be included in affidavits or subpoenas or used in 3-7 connection with any other legal or judicial proceedings." 3-8 and insert in lieu thereof the following: 3-9 "may be included in affidavits or subpoenas or used in connection 3-10 with any other legal or judicial proceeding only if the information 3-11 from the system is corroborated by information not provided or 3-12 maintained in the system." 3-13 Goodman