Texas 2009 - 81st Regular

Texas Senate Bill SB369

Filed
12/15/08  
Out of Senate Committee
4/8/09  
Voted on by Senate
4/23/09  
Governor Action
 
Bill Becomes Law
 

Caption

Relating to information contained in an intelligence database used to investigate and prosecute offenses committed by criminal street gangs.

Impact

The bill introduces significant changes to how criminal behavior associated with street gangs is approached legally. With the amendments to Article 61.02 and Article 61.06 of the Code of Criminal Procedure, any information collected regarding gang membership will now require the substantiation of evidence tied to criminal activities. This requirement may prevent mislabeling and ensure that only relevant information aids in investigations or prosecutions. However, it also puts new burdens on law enforcement to maintain accurate and lawful documentation of gang-related interactions.

Summary

SB369 aims to amend the Code of Criminal Procedure to regulate the collection and management of information in intelligence databases concerning criminal street gangs. The bill specifies the types of evidence necessary for labeling individuals as gang members, such as self-admissions made during judicial proceedings or through documented interactions with known gang members. This legislation seeks to provide law enforcement with a structured method to categorize information relating to gang activities, potentially leading to more coordinated efforts in addressing gang-related crimes.

Contention

Notably, the bill has the potential to ignite discussions on civil liberties, particularly the implications of categorizing individuals as gang members based on minimal evidence. There could be concerns regarding the fairness of how evidence is interpreted and the risk of stigmatizing individuals who may not pose a genuine threat. Additionally, the law's influence on the rights of citizens and the usage of technology in surveillance and data collection may raise ethical questions among civil rights advocates and community members alike.

Companion Bills

No companion bills found.

Previously Filed As

TX HB230

Relating to intelligence databases for combinations and criminal street gangs.

TX HB5202

Relating to a central database containing information about offenders who have committed certain violent offenses.

TX HB2917

Relating to peace officers and the investigation and prosecution of criminal offenses.

TX SB1900

Relating to foreign terrorist organizations, including the compilation of information regarding, certain civil actions brought against, and the prosecution of certain organized crime offenses involving a foreign terrorist organization and of sedition.

TX HB3499

Relating to foreign terrorist organizations, including the acquisition of title to real property by, the compilation of information regarding, certain civil actions brought against, and the prosecution of certain organized crime offenses involving a foreign terrorist organization.

TX HB505

Relating to the prosecution of and punishment for the criminal offense of hindering the investigation or prosecution of certain sexual offenses committed against a child; increasing criminal penalties.

TX HB7

Relating to measures to address public safety threats in this state presented by transnational criminal activity, including by establishing a Texas Border Force, and to compensate persons affected by those threats; increasing criminal penalties; creating criminal offenses.

TX HB61

Relating to measures to address public safety threats in this state presented by transnational criminal activity, including by establishing a Texas Border Force, and to compensate persons affected by those threats; increasing criminal penalties; creating criminal offenses.

TX HB4014

Relating to prohibiting the carrying of a firearm by a member of a criminal street gang while engaged in certain criminal activity; creating a criminal offense; changing the eligibility for community supervision.

TX SB1709

Relating to the prosecution of the offenses of sedition and engaging in organized criminal activity; increasing criminal penalties.

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