88R435 JSC-D
 
  By: González of El Paso H.B. No. 230
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to intelligence databases for combinations and criminal
  street gangs.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter B, Chapter 67, Code of Criminal
  Procedure, is amended by adding Article 67.055 to read as follows:
         Art. 67.055.  NOTIFICATION REGARDING INCLUSION OF
  INFORMATION IN DEPARTMENT'S INTELLIGENCE DATABASE. (a) Not later
  than the 60th day after the date the department includes
  information relating to a person in the department's intelligence
  database maintained under Article 67.052, the department shall
  provide to the person by certified mail to the person's last known
  address:
               (1)  notification regarding the inclusion of the
  person's information in the department's intelligence database;
               (2)  a description of the process for disputing the
  inclusion of information in the database, including associated
  costs or fees, processes and timelines, and any potential evidence
  necessary for purposes of a dispute; and
               (3)  a description of the process for removing
  information from the database following renunciation of criminal
  street gang membership.
         (b)  The department shall post on the department's Internet
  website information regarding the processes described by
  Subsections (a)(2) and (3).
         SECTION 2.  Subchapter C, Chapter 67, Code of Criminal
  Procedure, is amended by adding Article 67.1015 to read as follows:
         Art. 67.1015.  PROHIBITED RELEASE AND USE OF INFORMATION IN
  DEPARTMENT'S INTELLIGENCE DATABASE.  A person's information
  included in the intelligence database maintained by the department
  under Article 67.052 may not:
               (1)  be made available for or used in a determination of
  the person's employment eligibility;
               (2)  limit any rights given to the person by the United
  States Constitution or Texas Constitution; or
               (3)  limit the person's ability to obtain any federal or
  state license, permit, or benefit.
         SECTION 3.  The heading to Subchapter D, Chapter 67, Code of
  Criminal Procedure, is amended to read as follows:
  SUBCHAPTER D. REMOVAL OF INFORMATION AFTER EXPIRATION OF CERTAIN
  PERIOD
         SECTION 4.  Subchapter D, Chapter 67, Code of Criminal
  Procedure, is amended by adding Article 67.153 to read as follows:
         Art. 67.153.  AUDIT; SUMMARY; REMOVAL.  (a)  The state
  auditor annually shall conduct an audit of information that is held
  in the department's intelligence database maintained under Article
  67.052.
         (b)  If the state auditor finds that information has remained
  in the intelligence database for more than 10 years, the state
  auditor shall request that the department reestablish sufficient
  evidence for inclusion of the information in the database. If the
  department is unable to establish sufficient evidence, the
  department promptly shall remove the information from the database.
         (c)  The state auditor shall create a summary of the audit
  performed under this article, disaggregating by race, age, gender,
  ethnicity, and residential zip code the total number of persons
  whose information is included in the intelligence database. The
  summary must specify the number of persons whose information has
  been retained in the intelligence database for more than five years
  and for more than 10 years.
         (d)  The department shall make the summary available on the
  department's Internet website.
         SECTION 5.  Articles 67.202(a), (b), (c), and (d), Code of
  Criminal Procedure, are amended to read as follows:
         (a)  On receipt of a written request of a person or the parent
  or guardian of a child that includes a showing by the person or the
  parent or guardian that a law enforcement agency may have collected
  criminal information under this chapter relating to the person or
  child that is inaccurate, [or] does not comply with the submission
  criteria under Article 67.054(b), or violates 28 C.F.R. Part 23,
  the Texas Constitution, or the United States Constitution, the head
  of the agency or the designee of the agency head shall review
  criminal information collected by the agency under this chapter
  relating to the person or child to determine whether [if]:
               (1)  probable cause [reasonable suspicion] exists to
  believe that the information is accurate; [and]
               (2)  the information complies with the submission
  criteria established under Article 67.054(b); and
               (3)  inclusion of the information in the applicable
  intelligence database violates 28 C.F.R. Part 23, the Texas
  Constitution, or the United States Constitution.
         (b)  If, after conducting a review of criminal information
  under Subsection (a), the agency head or designee determines that
  probable cause [reasonable suspicion] does not exist to believe
  that the information is accurate, [or] determines that the
  information does not comply with the submission criteria, or
  determines that inclusion of the information in the intelligence
  database violates 28 C.F.R. Part 23, the Texas Constitution, or the
  United States Constitution, the agency shall:
               (1)  promptly destroy all records containing the
  information; and
               (2)  not later than the 10th business day after the date
  of the determination, notify the department and the person who
  requested the review of the agency's determination and the
  destruction of the records.
         (c)  If, after conducting a review of criminal information
  under Subsection (a), the agency head or designee determines that
  probable cause [reasonable suspicion] exists to believe that the
  information is accurate, [and] determines that the information
  complies with the submission criteria, and determines that
  inclusion of the information in the intelligence database does not
  violate 28 C.F.R. Part 23, the Texas Constitution, or the United
  States Constitution, the agency shall notify the person who
  requested the review:
               (1)  of the agency's determination not later than the
  10th business day after the date of the determination; and
               (2)  that the person is entitled to seek judicial
  review of the agency's determination under Article 67.203 not later
  than the 60th day after the date the person receives the written
  notification by the agency head or designee.
         (d)  Not later than the 10th business day after the date of
  [On] receipt of notice under Subsection (b)(2), the department
  [immediately] shall destroy all records containing the information
  that is the subject of the notice in the intelligence database
  maintained by the department under Article 67.052.
         SECTION 6.  Article 67.203, Code of Criminal Procedure, is
  amended to read as follows:
         Art. 67.203.  JUDICIAL REVIEW. (a) Not later than the 60th
  day after the date the person receives written notice under Article
  67.202(c), a [A] person who is entitled to seek judicial review of a
  determination made under that subsection [Article 67.202(c)] may
  file a petition for review in district court in the county in which
  the person resides.
         (a-1)  A court may grant judicial review of a petition filed
  after the date prescribed by Subsection (a) if the petitioner shows
  good cause for filing after that date.
         (b)  On the filing of a petition for review under Subsection
  (a), the district court shall conduct a hearing in which the court
  shall make available to the person's counsel under Article 39.14
  all criminal information that is the subject of the determination.
  The hearing shall be conducted [an in camera review of the criminal
  information that is the subject of the determination] to determine
  whether [if]:
               (1)  probable cause [reasonable suspicion] exists to
  believe that the information is accurate; [and]
               (2)  the information complies with the submission
  criteria under Article 67.054(b); and
               (3)  the inclusion of the information in the applicable
  intelligence database violates 28 C.F.R. Part 23, the Texas
  Constitution, or the United States Constitution.
         (c)  If, after a hearing [conducting an in camera review of
  criminal information under Subsection (b)], the court finds that
  probable cause [reasonable suspicion] does not exist to believe
  that the information is accurate, [or] finds that the information
  does not comply with the submission criteria, or finds that
  inclusion of the information in the intelligence database violates
  28 C.F.R. Part 23, the Texas Constitution, or the United States
  Constitution, not later than the 10th business day after the date
  the court makes its finding, the court shall:
               (1)  order the law enforcement agency that collected
  the information to promptly destroy all records containing the
  information; and
               (2)  notify the department of the court's finding
  [determination] and the destruction of the records.
         (c-1)  Not later than the 10th business day after the date of
  receipt of notice under Subsection (c)(2), the department shall
  destroy all records containing the information that is the subject
  of the notice in the intelligence database maintained by the
  department under Article 67.052.
         (d)  A petitioner may appeal a final judgment of a district
  court [conducting an in camera review] under this article.
         (e)  Information that is the subject of [an in camera] review
  under this article is confidential and may not be disclosed, except
  the information is subject to disclosure as required by Article
  39.14 or under a subpoena or other legal process.
         SECTION 7.  Subchapter E, Chapter 67, Code of Criminal
  Procedure, is amended by adding Article 67.204 to read as follows:
         Art. 67.204.  RIGHT TO REMOVAL OF INFORMATION FROM
  DEPARTMENT'S INTELLIGENCE DATABASE AFTER RENUNCIATION. (a) A
  person who is no longer a member of a criminal street gang may
  renounce gang membership. On the second anniversary of the
  person's renunciation, the information of a person who renounces
  gang membership shall be removed from the department's intelligence
  database maintained under Article 67.052.
         (b)  The department shall adopt rules and forms for the
  process by which:
               (1)  a former member of a criminal street gang may
  renounce gang membership and provide evidence that the person is no
  longer a member of the gang; and
               (2)  the department subsequently removes the former
  member's information from the department's intelligence database.
         SECTION 8.  This Act takes effect September 1, 2023.