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A BILL TO BE ENTITLED
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AN ACT
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relating to the agencies and entities responsible for compiling and |
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maintaining information pertaining to criminal combinations and |
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criminal street gangs. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 61.01, Code of Criminal Procedure, is |
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amended by amending Subdivision (9) and adding Subdivision (10) to |
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read as follows: |
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(9) "Law enforcement agency" does not include the |
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Texas Department of Criminal Justice, the Texas Juvenile Probation |
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Commission, a local juvenile probation department, or the Texas |
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Youth Commission. |
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(10) "Juvenile justice agency" has the meaning |
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assigned by Section 58.101, Family Code. |
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SECTION 2. Subsections (a) and (b-1), Article 61.02, Code |
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of Criminal Procedure, are amended to read as follows: |
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(a) Subject to Subsection (b), a criminal justice agency or |
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a juvenile justice agency shall compile criminal information into |
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an intelligence database for the purpose of investigating or |
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prosecuting the criminal activities of criminal combinations or |
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criminal street gangs. |
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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, juvenile justice agency, or law enforcement agency. |
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SECTION 3. Subsection (b), Article 61.04, Code of Criminal |
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Procedure, is amended to read as follows: |
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(b) A criminal justice agency or a juvenile justice agency |
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may release information maintained under this chapter to an |
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attorney representing a child who is a party to a proceeding under |
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Title 3, Family Code, if the juvenile court determines the |
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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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SECTION 4. Article 61.10, Code of Criminal Procedure, is |
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amended by amending Subsections (b), (c), and (f) and adding |
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Subsection (g) to read as follows: |
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(b) The purpose of the task force is to form a strategic |
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partnership among local, [between] state, and federal criminal |
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justice, juvenile justice, and correctional[, and local law
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enforcement] agencies to better enable those [law enforcement and
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correctional] agencies to take a proactive stance towards tracking |
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gang activity and the growth and spread of gangs statewide. |
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(c) The task force shall focus its efforts on: |
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(1) developing, through regional task force meetings, |
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a statewide networking system that will provide timely access to |
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gang information; |
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(2) establishing communication between different |
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criminal justice, juvenile justice, and correctional [law
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enforcement] agencies, combining independent agency resources, and |
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joining agencies together in a cooperative effort to focus on gang |
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membership, gang activity, and gang migration trends; and |
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(3) forming a working group of criminal justice, |
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juvenile justice, [law enforcement] and correctional |
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representatives from throughout the state to discuss specific cases |
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and investigations involving gangs and other related gang |
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activities. |
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(f) The task force shall consist of: |
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(1) a representative of the Department of Public |
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Safety designated by the director of that agency; |
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(2) two representatives [a representative] of the |
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Texas Department of Criminal Justice, including a representative of |
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the parole division, designated by the executive director of that |
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agency; |
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(3) a representative of the office of the inspector |
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general of the Texas Department of Criminal Justice designated by |
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the inspector general; |
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(4) a representative of the Texas Youth Commission |
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designated by the executive director of that agency; |
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(5) [(4)] a representative of the Texas Juvenile |
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Probation Commission designated by the executive director of that |
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agency; |
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[(5)
a representative of the Criminal Justice Policy
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Council designated by the executive director of that agency;] |
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(6) a representative of the office of the attorney |
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general designated by the attorney general; [and] |
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(7) six representatives who are local law enforcement |
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officers or local community supervision personnel, including |
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juvenile probation personnel, designated by the governor; and |
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(8) two representatives who are local prosecutors |
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[three local law enforcement or adult or juvenile community
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supervision personnel and a prosecuting attorney] designated by the |
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governor. |
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(g) If practicable, the task force shall consult with |
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representatives from one or more United States Attorneys' Offices |
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in this state and with representatives from the following federal |
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agencies who are available and assigned to a duty station in this |
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state: |
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(1) the Federal Bureau of Investigation; |
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(2) the Federal Bureau of Prisons; |
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(3) the United States Drug Enforcement |
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Administration; |
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(4) United States Immigration and Customs |
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Enforcement; |
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(5) United States Customs and Border Protection; |
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(6) the Bureau of Alcohol, Tobacco, Firearms and |
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Explosives; |
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(7) the United States Marshals Service; and |
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(8) the United States Probation and Pretrial Services |
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System. |
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SECTION 5. 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, 2011. |