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A BILL TO BE ENTITLED
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AN ACT
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relating to intelligence databases for combinations, criminal |
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street gangs, and foreign terrorist organizations. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 67, Code of Criminal |
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Procedure, is amended by adding Article 67.055 to read as follows: |
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Art. 67.055. NOTIFICATION REGARDING INCLUSION OF |
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INFORMATION IN DEPARTMENT'S INTELLIGENCE DATABASE. (a) Not later |
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than the 60th day after the date the department includes |
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information relating to a person in the department's intelligence |
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database maintained under Article 67.052, the department shall |
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provide to the person by certified mail to the person's last known |
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address: |
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(1) notification regarding the inclusion of the |
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person's information in the department's intelligence database; |
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(2) a description of the process for disputing the |
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inclusion of information in the database, including associated |
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costs or fees, processes and timelines, and any potential evidence |
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necessary for purposes of a dispute; and |
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(3) a description of the process for removing |
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information from the database following renunciation of membership |
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in a combination, criminal street gang, or foreign terrorist |
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organization. |
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(b) The department shall post on the department's Internet |
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website information regarding the processes described by |
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Subsections (a)(2) and (3). |
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SECTION 2. Subchapter C, Chapter 67, Code of Criminal |
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Procedure, is amended by adding Article 67.1015 to read as follows: |
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Art. 67.1015. PROHIBITED RELEASE AND USE OF INFORMATION IN |
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DEPARTMENT'S INTELLIGENCE DATABASE. A person's information |
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included in the intelligence database maintained by the department |
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under Article 67.052 may not: |
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(1) be made available for or used in a determination of |
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the person's employment eligibility; |
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(2) limit any rights given to the person by the United |
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States Constitution or Texas Constitution; or |
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(3) limit the person's ability to obtain any federal or |
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state license, permit, or benefit. |
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SECTION 3. The heading to Subchapter D, Chapter 67, Code of |
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Criminal Procedure, is amended to read as follows: |
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SUBCHAPTER D. REMOVAL OF INFORMATION AFTER EXPIRATION OF CERTAIN |
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PERIOD |
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SECTION 4. Subchapter D, Chapter 67, Code of Criminal |
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Procedure, is amended by adding Article 67.153 to read as follows: |
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Art. 67.153. AUDIT; SUMMARY; REMOVAL. (a) The state |
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auditor annually shall conduct an audit of information that is held |
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in the department's intelligence database maintained under Article |
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67.052. |
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(b) If the state auditor finds that information has remained |
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in the intelligence database for more than 10 years, the state |
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auditor shall request that the department reestablish sufficient |
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evidence for inclusion of the information in the database. If the |
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department is unable to establish sufficient evidence, the |
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department promptly shall remove the information from the database. |
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(c) The state auditor shall create a summary of the audit |
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performed under this article, disaggregating by race, age, gender, |
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ethnicity, and residential zip code the total number of persons |
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whose information is included in the intelligence database. The |
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summary must specify the number of persons whose information has |
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been retained in the intelligence database for more than five years |
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and for more than 10 years. |
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(d) The department shall make the summary available on the |
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department's Internet website. |
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SECTION 5. Articles 67.202(a), (b), (c), and (d), Code of |
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Criminal Procedure, are amended to read as follows: |
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(a) On receipt of a written request of a person or the parent |
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or guardian of a child that includes a showing by the person or the |
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parent or guardian that a law enforcement agency may have collected |
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criminal information under this chapter relating to the person or |
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child that is inaccurate, [or] does not comply with the submission |
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criteria under Article 67.054(b), or violates 28 C.F.R. Part 23, |
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the Texas Constitution, or the United States Constitution, the head |
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of the agency or the designee of the agency head shall review |
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criminal information collected by the agency under this chapter |
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relating to the person or child to determine whether [if]: |
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(1) probable cause [reasonable suspicion] exists to |
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believe that the information is accurate; [and] |
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(2) the information complies with the submission |
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criteria established under Article 67.054(b); and |
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(3) inclusion of the information in the applicable |
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intelligence database violates 28 C.F.R. Part 23, the Texas |
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Constitution, or the United States Constitution. |
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(b) If, after conducting a review of criminal information |
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under Subsection (a), the agency head or designee determines that |
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probable cause [reasonable suspicion] does not exist to believe |
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that the information is accurate, [or] determines that the |
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information does not comply with the submission criteria, or |
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determines that inclusion of the information in the intelligence |
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database violates 28 C.F.R. Part 23, the Texas Constitution, or the |
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United States Constitution, the agency shall: |
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(1) promptly destroy all records containing the |
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information; and |
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(2) not later than the 10th business day after the date |
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of the determination, notify the department and the person who |
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requested the review of the agency's determination and the |
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destruction of the records. |
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(c) If, after conducting a review of criminal information |
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under Subsection (a), the agency head or designee determines that |
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probable cause [reasonable suspicion] exists to believe that the |
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information is accurate, [and] determines that the information |
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complies with the submission criteria, and determines that |
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inclusion of the information in the intelligence database does not |
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violate 28 C.F.R. Part 23, the Texas Constitution, or the United |
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States Constitution, the agency shall notify the person who |
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requested the review: |
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(1) of the agency's determination not later than the |
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10th business day after the date of the determination; and |
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(2) that the person is entitled to seek judicial |
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review of the agency's determination under Article 67.203 not later |
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than the 60th day after the date the person receives the written |
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notification by the agency head or designee. |
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(d) Not later than the 10th business day after the date of |
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[On] receipt of notice under Subsection (b)(2), the department |
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[immediately] shall destroy all records containing the information |
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that is the subject of the notice in the intelligence database |
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maintained by the department under Article 67.052. |
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SECTION 6. Article 67.203, Code of Criminal Procedure, is |
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amended to read as follows: |
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Art. 67.203. JUDICIAL REVIEW. (a) Not later than the 60th |
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day after the date the person receives written notice under Article |
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67.202(c), a [A] person who is entitled to seek judicial review of a |
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determination made under that subsection [Article 67.202(c)] may |
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file a petition for review in district court in the county in which |
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the person resides. |
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(a-1) A court may grant judicial review of a petition filed |
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after the date prescribed by Subsection (a) if the petitioner shows |
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good cause for filing after that date. |
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(b) On the filing of a petition for review under Subsection |
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(a), the district court shall conduct a hearing in which the court |
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shall make available to the person's counsel under Article 39.14 |
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all criminal information that is the subject of the determination. |
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The hearing shall be conducted [an in camera review of the criminal |
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information that is the subject of the determination] to determine |
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whether [if]: |
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(1) probable cause [reasonable suspicion] exists to |
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believe that the information is accurate; [and] |
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(2) the information complies with the submission |
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criteria under Article 67.054(b); and |
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(3) the inclusion of the information in the applicable |
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intelligence database violates 28 C.F.R. Part 23, the Texas |
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Constitution, or the United States Constitution. |
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(c) If, after a hearing [conducting an in camera review of |
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criminal information under Subsection (b)], the court finds that |
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probable cause [reasonable suspicion] does not exist to believe |
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that the information is accurate, [or] finds that the information |
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does not comply with the submission criteria, or finds that |
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inclusion of the information in the intelligence database violates |
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28 C.F.R. Part 23, the Texas Constitution, or the United States |
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Constitution, not later than the 10th business day after the date |
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the court makes its finding, the court shall: |
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(1) order the law enforcement agency that collected |
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the information to promptly destroy all records containing the |
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information; and |
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(2) notify the department of the court's finding |
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[determination] and the destruction of the records. |
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(c-1) Not later than the 10th business day after the date of |
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receipt of notice under Subsection (c)(2), the department shall |
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destroy all records containing the information that is the subject |
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of the notice in the intelligence database maintained by the |
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department under Article 67.052. |
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(d) A petitioner may appeal a final judgment of a district |
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court [conducting an in camera review] under this article. |
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(e) Information that is the subject of [an in camera] review |
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under this article is confidential and may not be disclosed, except |
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the information is subject to disclosure as required by Article |
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39.14 or under a subpoena or other legal process. |
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SECTION 7. Subchapter E, Chapter 67, Code of Criminal |
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Procedure, is amended by adding Article 67.204 to read as follows: |
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Art. 67.204. RIGHT TO REMOVAL OF INFORMATION FROM |
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DEPARTMENT'S INTELLIGENCE DATABASE AFTER RENUNCIATION. (a) A |
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person who is no longer a member of a combination, criminal street |
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gang, or foreign terrorist organization may renounce membership. |
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On the second anniversary of the person's renunciation, the |
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information of a person who renounces membership shall be removed |
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from the department's intelligence database maintained under |
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Article 67.052. |
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(b) The department shall adopt rules and forms for the |
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process by which: |
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(1) a former member of a combination, criminal street |
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gang, or foreign terrorist organization may renounce membership and |
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provide evidence that the person is no longer a member of the |
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combination, gang, or organization; and |
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(2) the department subsequently removes the former |
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member's information from the department's intelligence database. |
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SECTION 8. This Act takes effect September 1, 2025. |