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A BILL TO BE ENTITLED
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AN ACT
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relating to information contained in a criminal street gang |
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intelligence database. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 61.02(c), Code of Criminal Procedure, is |
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amended to read as follows: |
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(c) Criminal information collected under this chapter |
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relating to a criminal street gang must: |
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(1) be relevant to the identification of an |
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organization that is reasonably suspected of involvement in |
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criminal activity; and |
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(2) consist of: |
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(A) a judgment under any law that includes, as a |
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finding or as an element of a criminal offense, participation in a |
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criminal street gang; |
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(B) a self-admission by the individual of |
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criminal street gang membership that is made during a judicial |
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proceeding; or |
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(C) any two of the following: |
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(i) [(A)] a self-admission by the |
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individual of criminal street gang membership that is not made |
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during a judicial proceeding; |
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(ii) [(B)] an identification of the |
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individual as a criminal street gang member by a reliable informant |
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or other individual; |
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(iii) [(C)] a corroborated identification |
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of the individual as a criminal street gang member by an informant |
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or other individual of unknown reliability; |
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(iv) [(D)] evidence that the individual |
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frequents a documented area of a criminal street gang and[,] |
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associates with known criminal street gang members; |
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(v) evidence that the individual[, and] |
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uses, in more than an incidental manner, criminal street gang |
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dress, hand signals, tattoos, or symbols, including expressions of |
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letters, numbers, words, or marks, regardless of the format or |
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medium in which the symbols are displayed, that are associated with |
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a criminal street gang that operates in an area frequented by the |
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individual and described by Subparagraph (iv); or |
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(vi) [(E)] evidence that the individual has |
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been arrested or taken into custody with known criminal street gang |
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members for an offense or conduct consistent with criminal street |
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gang activity. |
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SECTION 2. Article 61.06(c), Code of Criminal Procedure, is |
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amended to read as follows: |
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(c) In determining whether information is required to be |
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removed from an intelligence database under Subsection (b), the |
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three-year period does not include any period during which the |
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individual who is the subject of the information is: |
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(1) confined in a correctional facility operated by or |
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under contract with the [institutional division or the state jail
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division of the] Texas Department of Criminal Justice; |
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(2) committed to a secure correctional facility |
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operated by or under contract with the Texas Youth Commission, as |
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defined by Section 51.02, Family Code; or |
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(3) confined in a county jail or a facility operated by |
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a juvenile board in lieu of being confined in a correctional |
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facility operated by or under contract with the Texas Department of |
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Criminal Justice or being committed to a secure correctional |
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facility operated by or under contract with the Texas Youth |
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Commission. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2007. |