By: West, Duncan, Lindsay S.B. No. 1578
Moncrief
99S0454/1
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.