Relating to intelligence databases for combinations, criminal street gangs, and foreign terrorist organizations.
Impact
Furthermore, the bill seeks to protect individuals' rights by prohibiting the use of their information in employment eligibility determinations and by ensuring that inclusion in the intelligence database does not infringe upon constitutional rights. It aims to bolster data transparency measures and strengthen due process protections for individuals accused of gang affiliations or terrorism-related activities. The introduction of regular audits of the database is expected to ensure the integrity of the information and to mandate the removal of outdated or unverified data.
Summary
House Bill 1274 aims to establish regulations concerning the management of intelligence databases maintained by the state in relation to criminal street gangs and foreign terrorist organizations. A central component of this bill is the introduction of notification procedures for individuals whose information is included in these databases. Under the proposed legislation, the Department of Criminal Justice must notify individuals within 60 days of their information being added, detailing how they can dispute their inclusion and the costs associated with these processes.
Contention
Notably, while supporters articulate that these measures will enhance accountability and protect civil rights, skeptics may raise concerns about the potential for misuse of intelligence databases and the implications of monitoring individuals who may renounce affiliations. Critics highlight that the mechanisms for dispute and removal could be insufficient or overly bureaucratic, posing hurdles for those attempting to clear their names from the databases. Overall, this bill reflects an attempt to balance law enforcement capabilities with individual rights and civil liberties.
Texas Constitutional Statutes Affected
Code Of Criminal Procedure
Chapter 67. Compilation Of Information Pertaining To Combinations And Criminal Street Gangs
Relating to foreign terrorist organizations, including the compilation of information regarding, certain civil actions brought against, and the prosecution of certain organized crime offenses involving a foreign terrorist organization and of sedition.
Relating to foreign terrorist organizations, including the acquisition of title to real property by, the compilation of information regarding, certain civil actions brought against, and the prosecution of certain organized crime offenses involving a foreign terrorist organization.
Relating to the establishment of a terrorist offender registry and to the supervision of those terrorist offenders; creating criminal offenses related to terrorism.
Relating to the establishment of a terrorist offender registry and to the supervision of those terrorist offenders; creating criminal offenses related to terrorism.
Relating to certain criminal conduct and organizations that threaten the security of this state and its residents and borders; increasing criminal penalties.
Relating to prohibiting the possession of a firearm by a person in a criminal street gang; creating a criminal offense; increasing criminal penalties; changing eligibility for community supervision.
Relating to prohibiting the carrying of a firearm by a member of a criminal street gang while engaged in certain criminal activity; creating a criminal offense; changing the eligibility for community supervision.