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A BILL TO BE ENTITLED
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AN ACT
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relating to requiring law enforcement agencies to compile and |
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maintain certain information in a criminal street gang intelligence |
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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, Code of Criminal Procedure, is |
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amended by amending Subsections (a) and (b) and adding Subsection |
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(b-1) to read as follows: |
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(a) Subject to Subsection (b), a criminal justice agency |
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shall [may] compile criminal information into an intelligence |
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database for the purpose of investigating or prosecuting the |
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criminal activities of criminal combinations or criminal street |
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gangs. [The information may be compiled on paper, by computer, or
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in any other useful manner.] |
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(b) A law enforcement agency shall [may] compile and |
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maintain in a local or regional intelligence database criminal |
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information relating to a criminal street gang as provided by |
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Subsection (a). The information must be compiled and maintained |
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[in a local or regional intelligence database only if the agency
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compiles and maintains the information] in accordance with the |
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criminal intelligence systems operating policies established under |
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28 C.F.R. Section 23.1 et seq. and the submission criteria |
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established under Subsection (c). |
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(b-1) Information described by this article may be compiled |
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on paper, by computer, or in any other useful manner by a criminal |
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justice agency or law enforcement agency. |
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SECTION 2. Articles 61.03(a) and (c), Code of Criminal |
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Procedure, are amended to read as follows: |
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(a) A criminal justice agency [that maintains criminal
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information under this chapter] may release on request [the] |
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information maintained under this chapter [on request] to: |
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(1) another criminal justice agency; |
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(2) a court; or |
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(3) a defendant in a criminal proceeding who is |
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entitled to the discovery of the information under Chapter 39. |
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(c) A [If a] local law enforcement agency [compiles and
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maintains information under this chapter relating to a criminal
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street gang, the agency] shall send to the department [the] |
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information compiled and maintained under this chapter [to the
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department]. |
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SECTION 3. Articles 61.04(b) and (d), Code of Criminal |
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Procedure, are amended to read as follows: |
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(b) A criminal justice agency [that maintains information
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under this chapter] may release [the] information maintained under |
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this chapter to an attorney representing a child who is a party to a |
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proceeding under Title 3, Family Code, if the juvenile court |
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determines the information: |
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(1) is material to the proceeding; and |
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(2) is not privileged under law. |
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(d) The [If a local law enforcement agency collects criminal
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information under this chapter relating to a criminal street gang,
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the] governing body of a [the] county or municipality [served by the
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law enforcement agency] may adopt a policy to notify the parent or |
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guardian of a child of a local law enforcement [the] agency's |
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observations relating to the child's association with a criminal |
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street gang. |
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SECTION 4. This Act takes effect September 1, 2009. |