S.B. No. 418
AN ACT
relating to the compilation, maintenance, and release of
information in a criminal street gang intelligence database by law
enforcement agencies and criminal justice agencies.
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 in a municipality with a
population of 50,000 or more or in a county with a population of
100,000 or more 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. Subsections (a) and (c), Article 61.03, 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 described by
Article 61.02(b) [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. Subsections (b) and (d), Article 61.04, 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 a
[the] law enforcement agency described by Article 61.02(b) may
adopt a policy to notify the parent or guardian of a child of the
agency's observations relating to the child's association with a
criminal street gang.
SECTION 4. Chapter 61, Code of Criminal Procedure, is
amended by adding Article 61.12 to read as follows:
Art. 61.12. DATABASE USER TRAINING. (a) The department
shall enter into a memorandum of understanding with the United
States Department of Justice or other appropriate federal
department or agency to provide any person in this state who enters
information into or retrieves information from an intelligence
database described by this chapter with training regarding the
operating principles described by 28 C.F.R. Part 23, as those
principles relate to an intelligence database established or
maintained under this chapter.
(b) A person in this state who enters information into or
retrieves information from an intelligence database described by
this chapter shall complete continuing education training on the
material described by Subsection (a) at least once for each
continuous two-year period the person has primary responsibility
for performing a function described by this subsection.
(c) The department shall adopt the rules necessary to
implement this article.
SECTION 5. (a) Not later than October 1, 2009, the
Department of Public Safety of the State of Texas shall adopt rules
as required by Article 61.12, Code of Criminal Procedure, as added
by this Act.
(b) The Department of Public Safety of the State of Texas
shall enter into a memorandum of understanding with the United
States Department of Justice or other appropriate federal
department or agency, as required by Article 61.12, Code of
Criminal Procedure, as added by this Act, not later than December 1,
2009.
SECTION 6. This Act takes effect September 1, 2009.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 418 passed the Senate on
April 30, 2009, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 418 passed the House on
May 27, 2009, by the following vote: Yeas 148, Nays 0, one
present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor