Texas 2011 - 82nd Regular

Texas Senate Bill SB315 Compare Versions

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1	1	By: Carona, Rodriguez S.B. No. 315
2	2	Zaffirini
3	3	(Madden)
4	4
5	5
6	6	A BILL TO BE ENTITLED
7	7	AN ACT
8	8	relating to the agencies and entities responsible for compiling and
9	9	maintaining information pertaining to criminal combinations and
10	10	criminal street gangs.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Article 61.01, Code of Criminal Procedure, is
13	13	amended by amending Subdivision (9) and adding Subdivision (10) to
14	14	read as follows:
15	15	(9) "Law enforcement agency" does not include the
16	16	Texas Department of Criminal Justice, the Texas Juvenile Probation
17	17	Commission, a local juvenile probation department, or the Texas
18	18	Youth Commission.
19	19	(10) "Juvenile justice agency" has the meaning
20	20	assigned by Section 58.101, Family Code.
21	21	SECTION 2. Subsections (a) and (b-1), Article 61.02, Code
22	22	of Criminal Procedure, are amended to read as follows:
23	23	(a) Subject to Subsection (b), a criminal justice agency or
24	24	a juvenile justice agency shall compile criminal information into
25	25	an intelligence database for the purpose of investigating or
26	26	prosecuting the criminal activities of criminal combinations or
27	27	criminal street gangs.
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, juvenile justice agency, or law enforcement agency.
31	31	SECTION 3. Subsection (b), Article 61.04, Code of Criminal
32	32	Procedure, is amended to read as follows:
33	33	(b) A criminal justice agency or a juvenile justice agency
34	34	may release information maintained under this chapter to an
35	35	attorney representing a child who is a party to a proceeding under
36	36	Title 3, Family Code, if the juvenile court determines the
37	37	information:
38	38	(1) is material to the proceeding; and
39	39	(2) is not privileged under law.
40	40	SECTION 4. Article 61.10, Code of Criminal Procedure, is
41	41	amended by amending Subsections (b), (c), and (f) and adding
42	42	Subsection (g) to read as follows:
43	43	(b) The purpose of the task force is to form a strategic
44	44	partnership among local, [between] state, and federal criminal
45	45	justice, juvenile justice, and correctional[, and local law
46	46	enforcement] agencies to better enable those [law enforcement and
47	47	correctional] agencies to take a proactive stance towards tracking
48	48	gang activity and the growth and spread of gangs statewide.
49	49	(c) The task force shall focus its efforts on:
50	50	(1) developing, through regional task force meetings,
51	51	a statewide networking system that will provide timely access to
52	52	gang information;
53	53	(2) establishing communication between different
54	54	criminal justice, juvenile justice, and correctional [law
55	55	enforcement] agencies, combining independent agency resources, and
56	56	joining agencies together in a cooperative effort to focus on gang
57	57	membership, gang activity, and gang migration trends; and
58	58	(3) forming a working group of criminal justice,
59	59	juvenile justice, [law enforcement] and correctional
60	60	representatives from throughout the state to discuss specific cases
61	61	and investigations involving gangs and other related gang
62	62	activities.
63	63	(f) The task force shall consist of:
64	64	(1) a representative of the Department of Public
65	65	Safety designated by the director of that agency;
66	66	(2) two representatives [a representative] of the
67	67	Texas Department of Criminal Justice, including a representative of
68	68	the parole division, designated by the executive director of that
69	69	agency;
70	70	(3) a representative of the office of the inspector
71	71	general of the Texas Department of Criminal Justice designated by
72	72	the inspector general;
73	73	(4) a representative of the Texas Youth Commission
74	74	designated by the executive director of that agency;
75	75	(5) [(4)] a representative of the Texas Juvenile
76	76	Probation Commission designated by the executive director of that
77	77	agency;
78	78	[(5) a representative of the Criminal Justice Policy
79	79	Council designated by the executive director of that agency;]
80	80	(6) a representative of the office of the attorney
81	81	general designated by the attorney general; [and]
82	82	(7) six representatives who are local law enforcement
83	83	officers or local community supervision personnel, including
84	84	juvenile probation personnel, designated by the governor; and
85	85	(8) two representatives who are local prosecutors
86	86	[three local law enforcement or adult or juvenile community
87	87	supervision personnel and a prosecuting attorney] designated by the
88	88	governor.
89	89	(g) If practicable, the task force shall consult with
90	90	representatives from one or more United States Attorneys' Offices
91	91	in this state and with representatives from the following federal
92	92	agencies who are available and assigned to a duty station in this
93	93	state:
94	94	(1) the Federal Bureau of Investigation;
95	95	(2) the Federal Bureau of Prisons;
96	96	(3) the United States Drug Enforcement
97	97	Administration;
98	98	(4) United States Immigration and Customs
99	99	Enforcement;
100	100	(5) United States Customs and Border Protection;
101	101	(6) the Bureau of Alcohol, Tobacco, Firearms and
102	102	Explosives;
103	103	(7) the United States Marshals Service; and
104	104	(8) the United States Probation and Pretrial Services
105	105	System.
106	106	SECTION 5. This Act takes effect immediately if it receives
107	107	a vote of two-thirds of all the members elected to each house, as
108	108	provided by Section 39, Article III, Texas Constitution. If this
109	109	Act does not receive the vote necessary for immediate effect, this
110	110	Act takes effect September 1, 2011.