By: Carona, Rodriguez S.B. No. 315
Zaffirini
(Madden)
A BILL TO BE ENTITLED
AN ACT
relating to the agencies and entities responsible for compiling and
maintaining information pertaining to criminal combinations and
criminal street gangs.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 61.01, Code of Criminal Procedure, is
amended by amending Subdivision (9) and adding Subdivision (10) to
read as follows:
(9) "Law enforcement agency" does not include the
Texas Department of Criminal Justice, the Texas Juvenile Probation
Commission, a local juvenile probation department, or the Texas
Youth Commission.
(10) "Juvenile justice agency" has the meaning
assigned by Section 58.101, Family Code.
SECTION 2. Subsections (a) and (b-1), Article 61.02, Code
of Criminal Procedure, are amended to read as follows:
(a) Subject to Subsection (b), a criminal justice agency or
a juvenile justice agency shall compile criminal information into
an intelligence database for the purpose of investigating or
prosecuting the criminal activities of criminal combinations or
criminal street gangs.
(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, juvenile justice agency, or law enforcement agency.
SECTION 3. Subsection (b), Article 61.04, Code of Criminal
Procedure, is amended to read as follows:
(b) A criminal justice agency or a juvenile justice agency
may release 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.
SECTION 4. Article 61.10, Code of Criminal Procedure, is
amended by amending Subsections (b), (c), and (f) and adding
Subsection (g) to read as follows:
(b) The purpose of the task force is to form a strategic
partnership among local, [between] state, and federal criminal
justice, juvenile justice, and correctional[, and local law
enforcement] agencies to better enable those [law enforcement and
correctional] agencies to take a proactive stance towards tracking
gang activity and the growth and spread of gangs statewide.
(c) The task force shall focus its efforts on:
(1) developing, through regional task force meetings,
a statewide networking system that will provide timely access to
gang information;
(2) establishing communication between different
criminal justice, juvenile justice, and correctional [law
enforcement] agencies, combining independent agency resources, and
joining agencies together in a cooperative effort to focus on gang
membership, gang activity, and gang migration trends; and
(3) forming a working group of criminal justice,
juvenile justice, [law enforcement] and correctional
representatives from throughout the state to discuss specific cases
and investigations involving gangs and other related gang
activities.
(f) The task force shall consist of:
(1) a representative of the Department of Public
Safety designated by the director of that agency;
(2) two representatives [a representative] of the
Texas Department of Criminal Justice, including a representative of
the parole division, designated by the executive director of that
agency;
(3) a representative of the office of the inspector
general of the Texas Department of Criminal Justice designated by
the inspector general;
(4) a representative of the Texas Youth Commission
designated by the executive director of that agency;
(5) [(4)] a representative of the Texas Juvenile
Probation Commission designated by the executive director of that
agency;
[(5) a representative of the Criminal Justice Policy
Council designated by the executive director of that agency;]
(6) a representative of the office of the attorney
general designated by the attorney general; [and]
(7) six representatives who are local law enforcement
officers or local community supervision personnel, including
juvenile probation personnel, designated by the governor; and
(8) two representatives who are local prosecutors
[three local law enforcement or adult or juvenile community
supervision personnel and a prosecuting attorney] designated by the
governor.
(g) If practicable, the task force shall consult with
representatives from one or more United States Attorneys' Offices
in this state and with representatives from the following federal
agencies who are available and assigned to a duty station in this
state:
(1) the Federal Bureau of Investigation;
(2) the Federal Bureau of Prisons;
(3) the United States Drug Enforcement
Administration;
(4) United States Immigration and Customs
Enforcement;
(5) United States Customs and Border Protection;
(6) the Bureau of Alcohol, Tobacco, Firearms and
Explosives;
(7) the United States Marshals Service; and
(8) the United States Probation and Pretrial Services
System.
SECTION 5. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2011.