81R3896 SJM-D
By: Carona S.B. No. 418
A BILL TO BE ENTITLED
AN ACT
relating to requiring law enforcement agencies to compile and
maintain certain information in a criminal street gang intelligence
database.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 61.02, Code of Criminal Procedure, is
amended by amending Subsections (a) and (b) and adding Subsection
(b-1) to read as follows:
(a) Subject to Subsection (b), a criminal justice agency
shall [may] compile criminal information into an intelligence
database for the purpose of investigating or prosecuting the
criminal activities of criminal combinations or criminal street
gangs. [The information may be compiled on paper, by computer, or
in any other useful manner.]
(b) A law enforcement agency shall [may] compile and
maintain in a local or regional intelligence database criminal
information relating to a criminal street gang as provided by
Subsection (a). The information must be compiled and maintained
[in a local or regional intelligence database only if the agency
compiles and maintains the information] in accordance with the
criminal intelligence systems operating policies established under
28 C.F.R. Section 23.1 et seq. and the submission criteria
established under Subsection (c).
(b-1) Information described by this article may be compiled
on paper, by computer, or in any other useful manner by a criminal
justice agency or law enforcement agency.
SECTION 2. Articles 61.03(a) and (c), Code of Criminal
Procedure, are amended to read as follows:
(a) A criminal justice agency [that maintains criminal
information under this chapter] may release on request [the]
information maintained under this chapter [on request] to:
(1) another criminal justice agency;
(2) a court; or
(3) a defendant in a criminal proceeding who is
entitled to the discovery of the information under Chapter 39.
(c) A [If a] local law enforcement agency [compiles and
maintains information under this chapter relating to a criminal
street gang, the agency] shall send to the department [the]
information compiled and maintained under this chapter [to the
department].
SECTION 3. Articles 61.04(b) and (d), Code of Criminal
Procedure, are amended to read as follows:
(b) A criminal justice agency [that maintains information
under this chapter] may release [the] information maintained under
this chapter to an attorney representing a child who is a party to a
proceeding under Title 3, Family Code, if the juvenile court
determines the information:
(1) is material to the proceeding; and
(2) is not privileged under law.
(d) The [If a local law enforcement agency collects criminal
information under this chapter relating to a criminal street gang,
the] governing body of a [the] county or municipality [served by the
law enforcement agency] may adopt a policy to notify the parent or
guardian of a child of a local law enforcement [the] agency's
observations relating to the child's association with a criminal
street gang.
SECTION 4. This Act takes effect September 1, 2009.