Texas 2009 - 81st Regular

Texas Senate Bill SB369 Compare Versions

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1	1	By: Carona S.B. No. 369
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to information contained in an intelligence database used
7	7	to investigate and prosecute offenses committed by criminal street
8	8	gangs.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Article 61.02, Code of Criminal Procedure, is
11	11	amended by amending Subsection (c) and adding Subsections (d) and
12	12	(e) to read as follows:
13	13	(c) Criminal information collected under this chapter
14	14	relating to a criminal street gang must:
15	15	(1) be relevant to the identification of an
16	16	organization that is reasonably suspected of involvement in
17	17	criminal activity; and
18	18	(2) consist of:
19	19	(A) a judgment under any law that includes, as a
20	20	finding or as an element of a criminal offense, participation in a
21	21	criminal street gang;
22	22	(B) a self-admission by the individual of
23	23	criminal street gang membership that is made during a judicial
24	24	proceeding; or
25	25	(C) except as provided by Subsection (d), any two
26	26	of the following:
27	27	(i) a self-admission by the individual of
28	28	criminal street gang membership that is not made during a judicial
29	29	proceeding, including the use of the Internet or other electronic
30	30	format or medium to post photographs or other documentation
31	31	identifying the individual as a member of a criminal street gang;
32	32	(ii) an identification of the individual as
33	33	a criminal street gang member by a reliable informant or other
34	34	individual;
35	35	(iii) a corroborated identification of the
36	36	individual as a criminal street gang member by an informant or other
37	37	individual of unknown reliability;
38	38	(iv) evidence that the individual frequents
39	39	a documented area of a criminal street gang and associates with
40	40	known criminal street gang members;
41	41	(v) evidence that the individual uses, in
42	42	more than an incidental manner, criminal street gang dress, hand
43	43	signals, tattoos, or symbols, including expressions of letters,
44	44	numbers, words, or marks, regardless of how or the means by [the
45	45	format or medium in] which the symbols are displayed, that are
46	46	associated with a criminal street gang that operates in an area
47	47	frequented by the individual and described by Subparagraph (iv);
48	48	[or]
49	49	(vi) evidence that the individual has been
50	50	arrested or taken into custody with known criminal street gang
51	51	members for an offense or conduct consistent with criminal street
52	52	gang activity;
53	53	(vii) evidence that the individual has
54	54	visited a known criminal street gang member, other than a family
55	55	member of the individual, while the gang member is confined in or
56	56	committed to a penal institution; or
57	57	(viii) evidence of the individual's use of
58	58	technology, including the Internet, to recruit new criminal street
59	59	gang members.
60	60	(d) Evidence described by Subsections (c)(2)(C)(iv) and
61	61	(vii) is not sufficient to create the eligibility of a person's
62	62	information to be included in an intelligence database described by
63	63	this chapter unless the evidence is combined with information
64	64	described by another subparagraph in Subsection (c)(2)(C).
65	65	(e) In this article:
66	66	(1) "Family member" means a person related to another
67	67	person within the first degree by consanguinity or affinity, as
68	68	described by Subchapter B, Chapter 573, Government Code, except
69	69	that the term does not include a person who is considered to be
70	70	related to another person by affinity only as described by Section
71	71	573.024(b), Government Code.
72	72	(2) "Penal institution" means a confinement facility
73	73	operated by or under a contract with any division of the Texas
74	74	Department of Criminal Justice, a confinement facility operated by
75	75	or under contract with the Texas Youth Commission, or a juvenile
76	76	secure pre-adjudication or post-adjudication facility operated by
77	77	or under a local juvenile probation department, or a county jail.
78	78	SECTION 2. Subsection (b), Article 61.06, Code of Criminal
79	79	Procedure, is amended to read as follows:
80	80	(b) Subject to Subsection (c), information collected under
81	81	this chapter relating to a criminal street gang must be removed from
82	82	an intelligence database established under Article 61.02 and the
83	83	intelligence database maintained by the department under Article
84	84	61.03 after five [three] years if:
85	85	(1) the information relates to the investigation or
86	86	prosecution of criminal activity engaged in by an individual other
87	87	than a child; and
88	88	(2) the individual who is the subject of the
89	89	information has not been arrested for criminal activity reported to
90	90	the department under Chapter 60.
91	91	SECTION 3. Subsection (c), Article 61.06, Code of Criminal
92	92	Procedure, as amended by Chapters 258 (S.B. 11), 263 (S.B. 103), and
93	93	1308 (S.B. 909), Acts of the 80th Legislature, Regular Session,
94	94	2007, is reenacted and amended to read as follows:
95	95	(c) In determining whether information is required to be
96	96	removed from an intelligence database under Subsection (b), the
97	97	five-year [three-year] period does not include any period during
98	98	which the individual who is the subject of the information is:
99	99	(1) confined in a correctional facility operated by or
100	100	under contract with the Texas Department of Criminal Justice;
101	101	(2) committed to a secure correctional facility
102	102	operated by or under contract with the Texas Youth Commission, as
103	103	defined by Section 51.02, Family Code; or
104	104	(3) confined in a county jail or confined in or
105	105	committed to a facility operated by a juvenile board in lieu of
106	106	being confined in a correctional facility operated by or under
107	107	contract with the Texas Department of Criminal Justice or being
108	108	committed to a secure correctional facility operated by or under
109	109	contract with the Texas Youth Commission.
110	110	SECTION 4. The change in law made by this Act in amending
111	111	Article 61.06, Code of Criminal Procedure, applies to any
112	112	applicable information maintained in an intelligence database
113	113	under Chapter 61 of that code on or after the effective date of this
114	114	Act.
115	115	SECTION 5. This Act takes effect September 1, 2009.