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Amend CSHB 13 (house committee printing) by adding the
following appropriately numbered SECTIONS to read as follows and by
renumbering existing SECTIONS accordingly:
SECTION ____. Article 61.02(c), Code of Criminal Procedure,
is amended to read as follows:
(c) Criminal information collected under this chapter
relating to a criminal street gang must:
(1) be relevant to the identification of an
organization that is reasonably suspected of involvement in
criminal activity; and
(2) consist of:
(A) a judgment under any law that includes, as a
finding or as an element of a criminal offense, participation in a
criminal street gang;
(B) a self-admission by the individual of
criminal street gang membership that is made during a judicial
proceeding; or
(C) any two of the following:
(i) [(A)] a self-admission by the
individual of criminal street gang membership that is not made
during a judicial proceeding;
(ii) [(B)] an identification of the
individual as a criminal street gang member by a reliable informant
or other individual;
(iii) [(C)] a corroborated identification
of the individual as a criminal street gang member by an informant
or other individual of unknown reliability;
(iv) [(D)] evidence that the individual
frequents a documented area of a criminal street gang and[,]
associates with known criminal street gang members;
(v) evidence that the individual[, and]
uses, in more than an incidental manner, criminal street gang
dress, hand signals, tattoos, or symbols, including expressions of
letters, numbers, words, or marks, regardless of the format or
medium in which the symbols are displayed, that are associated with
a criminal street gang that operates in an area frequented by the
individual and described by Subparagraph (iv); or
(vi) [(E)] evidence that the individual has
been arrested or taken into custody with known criminal street gang
members for an offense or conduct consistent with criminal street
gang activity.
SECTION ____. Article 61.06(c), Code of Criminal Procedure,
is amended to read as follows:
(c) In determining whether information is required to be
removed from an intelligence database under Subsection (b), the
three-year period does not include any period during which the
individual who is the subject of the information is:
(1) confined in a correctional facility operated by or
under contract with the [institutional division or the state jail
division of the] Texas Department of Criminal Justice;
(2) committed to a secure correctional facility
operated by or under contract with the Texas Youth Commission, as
defined by Section 51.02, Family Code; or
(3) confined in a county jail or a facility operated by
a juvenile board in lieu of being confined in a correctional
facility operated by or under contract with the Texas Department of
Criminal Justice or being committed to a secure correctional
facility operated by or under contract with the Texas Youth
Commission.
SECTION ____. Chapter 61, Code of Criminal Procedure, is
amended by adding Article 61.075 to read as follows:
Art. 61.075. RIGHT TO REQUEST EXISTENCE OF CRIMINAL
INFORMATION. (a) A person or the parent or guardian of a child may
request a law enforcement agency to determine whether the agency
has collected or is maintaining under this chapter criminal
information relating solely to the person or child. The law
enforcement agency shall respond to the request not later than the
10th business day after the date the agency receives the request.
(b) Before responding to a request under Subsection (a), a
law enforcement agency may require reasonable written verification
of the identity of the person making the request and the
relationship between the parent or guardian and the child, if
applicable, including written verification of an address, date of
birth, driver's license number, state identification card number,
or social security number.