Texas 2009 - 81st Regular

Texas Senate Bill SB418 Compare Versions

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Old	New	Differences
1	1	S.B. No. 418
2	2
3	3
4	4	AN ACT
5	5	relating to the compilation, maintenance, and release of
6	6	information in a criminal street gang intelligence database by law
7	7	enforcement agencies and criminal justice agencies.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Article 61.02, Code of Criminal Procedure, is
10	10	amended by amending Subsections (a) and (b) and adding Subsection
11	11	(b-1) to read as follows:
12	12	(a) Subject to Subsection (b), a criminal justice agency
13	13	shall [may] compile criminal information into an intelligence
14	14	database for the purpose of investigating or prosecuting the
15	15	criminal activities of criminal combinations or criminal street
16	16	gangs. [The information may be compiled on paper, by computer, or
17	17	in any other useful manner.]
18	18	(b) A law enforcement agency in a municipality with a
19	19	population of 50,000 or more or in a county with a population of
20	20	100,000 or more shall [may] compile and maintain in a local or
21	21	regional intelligence database criminal information relating to a
22	22	criminal street gang as provided by Subsection (a). The
23	23	information must be compiled and maintained [in a local or regional
24	24	intelligence database only if the agency compiles and maintains the
25	25	information] in accordance with the criminal intelligence systems
26	26	operating policies established under 28 C.F.R. Section 23.1 et seq.
27	27	and the submission criteria established under Subsection (c).
28	28	(b-1) Information described by this article may be compiled
29	29	on paper, by computer, or in any other useful manner by a criminal
30	30	justice agency or law enforcement agency.
31	31	SECTION 2. Subsections (a) and (c), Article 61.03, Code of
32	32	Criminal Procedure, are amended to read as follows:
33	33	(a) A criminal justice agency [that maintains criminal
34	34	information under this chapter] may release on request [the]
35	35	information maintained under this chapter [on request] to:
36	36	(1) another criminal justice agency;
37	37	(2) a court; or
38	38	(3) a defendant in a criminal proceeding who is
39	39	entitled to the discovery of the information under Chapter 39.
40	40	(c) A [If a] local law enforcement agency described by
41	41	Article 61.02(b) [compiles and maintains information under this
42	42	chapter relating to a criminal street gang, the agency] shall send
43	43	to the department [the] information compiled and maintained under
44	44	this chapter [to the department].
45	45	SECTION 3. Subsections (b) and (d), Article 61.04, Code of
46	46	Criminal Procedure, are amended to read as follows:
47	47	(b) A criminal justice agency [that maintains information
48	48	under this chapter] may release [the] information maintained under
49	49	this chapter to an attorney representing a child who is a party to a
50	50	proceeding under Title 3, Family Code, if the juvenile court
51	51	determines the information:
52	52	(1) is material to the proceeding; and
53	53	(2) is not privileged under law.
54	54	(d) The [If a local law enforcement agency collects criminal
55	55	information under this chapter relating to a criminal street gang,
56	56	the] governing body of a [the] county or municipality served by a
57	57	[the] law enforcement agency described by Article 61.02(b) may
58	58	adopt a policy to notify the parent or guardian of a child of the
59	59	agency's observations relating to the child's association with a
60	60	criminal street gang.
61	61	SECTION 4. Chapter 61, Code of Criminal Procedure, is
62	62	amended by adding Article 61.12 to read as follows:
63	63	Art. 61.12. DATABASE USER TRAINING. (a) The department
64	64	shall enter into a memorandum of understanding with the United
65	65	States Department of Justice or other appropriate federal
66	66	department or agency to provide any person in this state who enters
67	67	information into or retrieves information from an intelligence
68	68	database described by this chapter with training regarding the
69	69	operating principles described by 28 C.F.R. Part 23, as those
70	70	principles relate to an intelligence database established or
71	71	maintained under this chapter.
72	72	(b) A person in this state who enters information into or
73	73	retrieves information from an intelligence database described by
74	74	this chapter shall complete continuing education training on the
75	75	material described by Subsection (a) at least once for each
76	76	continuous two-year period the person has primary responsibility
77	77	for performing a function described by this subsection.
78	78	(c) The department shall adopt the rules necessary to
79	79	implement this article.
80	80	SECTION 5. (a) Not later than October 1, 2009, the
81	81	Department of Public Safety of the State of Texas shall adopt rules
82	82	as required by Article 61.12, Code of Criminal Procedure, as added
83	83	by this Act.
84	84	(b) The Department of Public Safety of the State of Texas
85	85	shall enter into a memorandum of understanding with the United
86	86	States Department of Justice or other appropriate federal
87	87	department or agency, as required by Article 61.12, Code of
88	88	Criminal Procedure, as added by this Act, not later than December 1,
89	89	2009.
90	90	SECTION 6. This Act takes effect September 1, 2009.
91	91	______________________________ ______________________________
92	92	President of the Senate Speaker of the House
93	93	I hereby certify that S.B. No. 418 passed the Senate on
94	94	April 30, 2009, by the following vote: Yeas 31, Nays 0.
95	95	______________________________
96	96	Secretary of the Senate
97	97	I hereby certify that S.B. No. 418 passed the House on
98	98	May 27, 2009, by the following vote: Yeas 148, Nays 0, one
99	99	present not voting.
100	100	______________________________
101	101	Chief Clerk of the House
102	102	Approved:
103	103	______________________________
104	104	Date
105	105	______________________________
106	106	Governor