Texas 2021 - 87th Regular

Texas House Bill HB1838 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		87R19983 JSC-D
2		-	By: González of El Paso, Schaefer, et al. H.B. No. 1838
	2	+	By: González of El Paso, et al. H.B. No. 1838
	3	+	Substitute the following for H.B. No. 1838:
	4	+	By: Bowers C.S.H.B. No. 1838
3	5
4	6
5	7		A BILL TO BE ENTITLED
6	8		AN ACT
7	9		relating to intelligence databases for combinations and criminal
8	10		street gangs.
9	11		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	12		SECTION 1. Subchapter B, Chapter 67, Code of Criminal
11	13		Procedure, is amended by adding Article 67.055 to read as follows:
12	14		Art. 67.055. NOTIFICATION REGARDING INCLUSION OF
13	15		INFORMATION IN DEPARTMENT'S INTELLIGENCE DATABASE. (a) Not later
14	16		than the 60th day after the date the department includes
15	17		information relating to a person in the department's intelligence
16	18		database maintained under Article 67.052, the department shall
17	19		provide to the person by certified mail to the person's last known
18	20		address:
19	21		(1) notification regarding the inclusion of the
20	22		person's information in the department's intelligence database;
21	23		(2) a description of the process for disputing the
22	24		inclusion of information in the database, including associated
23	25		costs or fees, processes and timelines, and any potential evidence
24	26		necessary for purposes of a dispute; and
25	27		(3) a description of the process for removing
26	28		information from the database following renunciation of criminal
27	29		street gang membership.
28	30		(b) The department shall post on the department's Internet
29	31		website information regarding the processes described by
30	32		Subsections (a)(2) and (3).
31	33		SECTION 2. Subchapter C, Chapter 67, Code of Criminal
32	34		Procedure, is amended by adding Article 67.1015 to read as follows:
33	35		Art. 67.1015. PROHIBITED RELEASE AND USE OF INFORMATION IN
34	36		DEPARTMENT'S INTELLIGENCE DATABASE. A person's inclusion in the
35	37		intelligence database maintained by the department under Article
36	38		67.052 may not:
37	39		(1) be made available for or used in a determination of
38	40		the person's employment eligibility;
39	41		(2) limit any rights given to the person by the United
40	42		States Constitution or Texas Constitution; or
41	43		(3) limit the person's ability to obtain any federal or
42	44		state license, permit, or benefit.
43	45		SECTION 3. The heading to Subchapter D, Chapter 67, Code of
44	46		Criminal Procedure, is amended to read as follows:
45	47		SUBCHAPTER D. REMOVAL OF INFORMATION AFTER EXPIRATION OF CERTAIN
46	48		PERIOD
47	49		SECTION 4. Subchapter D, Chapter 67, Code of Criminal
48	50		Procedure, is amended by adding Article 67.153 to read as follows:
49	51		Art. 67.153. AUDIT; SUMMARY; REMOVAL. (a) The state
50	52		auditor annually shall conduct an audit of information that is held
51	53		in the department's intelligence database maintained under Article
52	54		67.052.
53	55		(b) If the state auditor finds that information has remained
54	56		in the intelligence database for more than 10 years, the state
55	57		auditor shall request that the department reestablish sufficient
56	58		evidence for inclusion of the information in the database. If the
57	59		department is unable to establish sufficient evidence, the
58	60		department promptly shall remove the information.
59	61		(c) The state auditor shall create a summary of the audit
60	62		performed under this article, disaggregating the total number of
61	63		persons with information in the intelligence database by race, age,
62	64		gender, ethnicity, and residential zip code. The summary must
63	65		specify the number of persons whose information has been retained
64	66		in the intelligence database for more than five years and for more
65	67		than 10 years.
66	68		(d) The department shall make the summary available on the
67	69		department's Internet website.
68	70		SECTION 5. Articles 67.202(a), (b), (c), and (d), Code of
69	71		Criminal Procedure, are amended to read as follows:
70	72		(a) On receipt of a written request of a person or the parent
71	73		or guardian of a child that includes a showing by the person or the
72	74		parent or guardian that a law enforcement agency may have collected
73	75		criminal information under this chapter relating to the person or
74	76		child that is inaccurate, [or] does not comply with the submission
75	77		criteria under Article 67.054(b), or violates 28 C.F.R. Part 23,
76	78		the Texas Constitution, or the United States Constitution, the head
77	79		of the agency or the designee of the agency head shall review
78	80		criminal information collected by the agency under this chapter
79	81		relating to the person or child to determine whether [if]:
80	82		(1) probable cause [reasonable suspicion] exists to
81	83		believe that the information is accurate; [and]
82	84		(2) the information complies with the submission
83	85		criteria established under Article 67.054(b); and
84	86		(3) inclusion of the information in the applicable
85	87		intelligence database violates 28 C.F.R. Part 23, the Texas
86	88		Constitution, or the United States Constitution.
87	89		(b) If, after conducting a review of criminal information
88	90		under Subsection (a), the agency head or designee determines that
89	91		probable cause [reasonable suspicion] does not exist to believe
90	92		that the information is accurate, [or] determines that the
91	93		information does not comply with the submission criteria, or
92	94		determines that inclusion of the information in the intelligence
93	95		database violates 28 C.F.R. Part 23, the Texas Constitution, or the
94	96		United States Constitution, the agency shall:
95	97		(1) promptly destroy all records containing the
96	98		information; and
97	99		(2) not later than the 10th business day after the date
98	100		of the determination, notify the department and the person who
99	101		requested the review of the agency's determination and the
100	102		destruction of the records.
101	103		(c) If, after conducting a review of criminal information
102	104		under Subsection (a), the agency head or designee determines that
103	105		probable cause [reasonable suspicion] exists to believe that the
104	106		information is accurate, [and] determines that the information
105	107		complies with the submission criteria, and determines that
106	108		inclusion of the information in the intelligence database does not
107	109		violate 28 C.F.R. Part 23, the Texas Constitution, or the United
108	110		States Constitution, the agency shall notify the person who
109	111		requested the review:
110	112		(1) of the agency's determination not later than the
111	113		10th business day after the date of the determination; and
112	114		(2) that the person is entitled to seek judicial
113	115		review of the agency's determination under Article 67.203 not later
114	116		than the 60th day after the date the person receives the written
115	117		notification by the agency head or designee.
116	118		(d) Not later than the 10th business day after the date of
117	119		[On] receipt of notice under Subsection (b)(2), the department
118	120		[immediately] shall destroy all records containing the information
119	121		that is the subject of the notice in the intelligence database
120	122		maintained by the department under Article 67.052.
121	123		SECTION 6. Article 67.203, Code of Criminal Procedure, is
122	124		amended to read as follows:
123	125		Art. 67.203. JUDICIAL REVIEW. (a) Not later than the 60th
124	126		day after the date the person receives written notice under Article
125	127		67.202(c), a [A] person who is entitled to seek judicial review of a
126	128		determination made under that subsection [Article 67.202(c)] may
127	129		file a petition for review in district court in the county in which
128	130		the person resides.
129	131		(a-1) A court may grant judicial review of a petition filed
130	132		after the date prescribed by Subsection (a) if the petitioner shows
131	133		good cause for filing after that date.
132	134		(b) On the filing of a petition for review under Subsection
133	135		(a), the district court shall conduct a hearing in which the court
134	136		shall make available to the person's counsel under Article 39.14
135	137		all criminal information that is the subject of the determination.
136	138		The hearing shall be conducted [an in camera review of the criminal
137	139		information that is the subject of the determination] to determine
138	140		whether [if]:
139	141		(1) probable cause [reasonable suspicion] exists to
140	142		believe that the information is accurate; [and]
141	143		(2) the information complies with the submission
142	144		criteria under Article 67.054(b); and
143	145		(3) the inclusion of the information in the applicable
144	146		intelligence database violates 28 C.F.R. Part 23, the Texas
145	147		Constitution, or the United States Constitution.
146	148		(c) If, after a hearing [conducting an in camera review of
147	149		criminal information under Subsection (b)], the court finds that
148	150		probable cause [reasonable suspicion] does not exist to believe
149	151		that the information is accurate, [or] finds that the information
150	152		does not comply with the submission criteria, or finds that
151	153		inclusion of the information in the intelligence database violates
152	154		28 C.F.R. Part 23, the Texas Constitution, or the United States
153	155		Constitution, not later than the 10th business day after the date
154	156		the court makes its finding, the court shall:
155	157		(1) order the law enforcement agency that collected
156	158		the information to promptly destroy all records containing the
157	159		information; and
158	160		(2) notify the department of the court's finding
159	161		[determination] and the destruction of the records.
160	162		(c-1) Not later than the 10th business day after the date of
161	163		receipt of notice under Subsection (c)(2), the department shall
162	164		destroy all records containing the information that is the subject
163	165		of the notice in the intelligence database maintained by the
164	166		department under Article 67.052.
165	167		(d) A petitioner may appeal a final judgment of a district
166	168		court [conducting an in camera review] under this article.
167	169		(e) Information that is the subject of [an in camera] review
168	170		under this article is confidential and may not be disclosed, except
169	171		the information is subject to disclosure as required by Article
170	172		39.14 or under a subpoena or other legal process.
171	173		SECTION 7. Subchapter E, Chapter 67, Code of Criminal
172	174		Procedure, is amended by adding Article 67.204 to read as follows:
173	175		Art. 67.204. RIGHT TO REMOVAL OF INFORMATION FROM
174	176		DEPARTMENT'S INTELLIGENCE DATABASE AFTER RENUNCIATION. (a) A
175	177		person who is no longer a member of a criminal street gang may
176	178		renounce gang membership. On the second anniversary of the
177	179		person's renunciation, the information of a person who renounces
178	180		gang membership must be removed from the department's intelligence
179	181		database maintained under Article 67.052.
180	182		(b) The department shall adopt rules and forms for the
181	183		process by which a former member of a criminal street gang may
182	184		renounce membership, provide evidence that the person is no longer
183	185		a member of the gang, and be removed from the department's
184	186		intelligence database.
185	187		SECTION 8. This Act takes effect September 1, 2021.