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A BILL TO BE ENTITLED
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AN ACT
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relating to the criminal combination and 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. Chapter 61, Code of Criminal Procedure is |
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amended by amending Subsection (c), Art. 61.02 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 the offense, participation in a |
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criminal street gang or criminal combination; |
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(B) a self-admission by the individual of |
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criminal street gang membership during a judicial proceeding; or |
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(C) any two of the following: |
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(i) (A) a self-admission by the individual |
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of criminal street gang membership that does not occur during a |
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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 of |
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the individual as a criminal street gang member by an informant or |
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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, and
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(v) evidence that the individual uses, in |
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more than an incidental manner, criminal street gang dress, hand |
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signals, tattoos, or symbols, including expressions of letters, |
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numbers, words or marks, regardless of the format or medium in which |
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the symbol is displayed, that are associated with a criminal street |
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gang that operates in the area frequented by the individual; 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. Chapter 61, Code of Criminal Procedure is |
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amended by amending Subsection (c), Article 61.06 to read as |
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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 confined in: |
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(1) the institutional division or the state jail |
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division of the Texas Department of Criminal Justice; |
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(2) a confinement facility of the Texas Youth |
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Commission; or |
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(3) a county jail in which the individual serves in |
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lieu of serving that time in the institutional division or the state |
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jail division of the Texas Department of Criminal Justice or a |
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confinement facility of the Texas Youth 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 on September 1, 2007. |