BILL ANALYSIS Senate Research Center S.B. 2201 89R8698 JSC-D By: Birdwell; Blanco Border Security 4/7/2025 As Filed AUTHOR'S / SPONSOR'S STATEMENT OF INTENT With the rise of cartels and other organized criminal gangs throughout the state as well as the tactics they utilize throughout their operations, the submission criteria of suspected gang members to a law enforcement intelligence database do not meet the needs of law enforcement agencies. Specifically, the rise of Tren de Aragua (TdA) has caused significant concern for all levels of law enforcement across the United States as this Venezuelan gang has proved difficult to track. Amending the submission criteria of individuals reasonably suspected to be involved in criminal activity will grant law enforcement agencies new and additional information to track. By tracking criminal organizations and their suspected members, law enforcement officials stand a better chance to dismantle the cartels, gangs, and foreign terrorist organizations that threaten the safety of Texans. These organizations pose significant risks to public safety by not only carrying out criminal activity and violence, but by also smuggling dangerous drugs and criminals across the border. S.B. 2201 amends current submission criteria to more closely align law enforcement operations with the evolving tactics of cartels and criminal street gangs. S.B. 2201 also revises data retention policy to align with federal law and ensure that an individual's data is removed in five years unless new identifying information is validated. As proposed, S.B. 2201 amends current law relating to intelligence databases for combinations, criminal street gangs, and foreign terrorist organizations. RULEMAKING AUTHORITY This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency. SECTION BY SECTION ANALYSIS SECTION 1. Amends Article 67.054, Code of Criminal Procedure, by amending Subsection (b) and adding (b-1), as follows: (b) Requires that criminal information collected under Chapter 67 (Compilation of Information Pertaining to Combinations and Criminal Street Gangs) relating to a criminal street gang or foreign terrorist organization: (1) makes no changes to this subdivision; and (2) consist of: (A) makes no changes to this paragraph; (B) self-admission, which may be implied or demonstrated, by an individual of membership in a criminal street gang or foreign terrorist organization, including the use of the Internet or other electronic format or medium to post photographs or other documentation identifying the individual as a member of a criminal street gang or foreign terrorist organization, rather than a self-admission that is made during a judicial proceeding; or (C) any two of the following: (i) redesignates existing Subparagraph (ii) as Subparagraph (i); an identification of the individual as a member of a criminal street gang or foreign terrorist organization by a documented criminal street gang member or foreign terrorist organization member or a family member, rather than a reliable informant or other individual; (ii) redesignates existing Subparagraph (iv) as Subparagraph (ii); evidence that the individual frequents or is located at a previously documented area of a criminal street gang or foreign terrorist organization, including physical, digital, or online locations, rather than evidence that the individual associates with known members of a criminal street gang or foreign terrorist organization; (iii) redesignates existing Subparagraph (v) as Subparagraph (iii); evidence that the individual uses, in more than an incidental manner, criminal street gang or foreign terrorist organization dress, hand signals, tattoos, or symbols, including expressions of letters, numbers, words, or marks, regardless of how or the means by which the symbols are displayed, that are associated with a criminal street gang or foreign terrorist organization, rather than a criminal street gang or foreign terrorist organization that operates in an area frequented by the individual and described by existing Subparagraph (iv) (relating to a documented area of a criminal street gang or foreign terrorist organization); (iv) redesignates existing Subparagraph (vi) as Subparagraph (iv); evidence that the individual has been arrested, detained, or taken into custody with known members of a criminal street gang or foreign terrorist organization for an offense or conduct consistent with gang activity as defined by Section 125.061 (Definitions), Civil Practice and Remedies Code; (v) redesignates existing Subparagraph (vii) as Subparagraph (v); evidence that the individual communicates, whether in person, in writing, or electronically, with a known member of a criminal street gang or foreign terrorist organization, rather than has visited a known member other than a family member of the individual, while the member is confined in or committed to a penal institution; or (vi) redesignates existing Subparagraph (viii) as Subparagraph (vi); evidence of the individual's use of technology, including the Internet and social media, to advertise the criminal street gang or foreign terrorist organization or recruit new members of a criminal street gang or foreign terrorist organization. Deletes text of existing Subparagraph (iii) requiring that criminal information collected under Chapter 67 relating to a criminal street gang or foreign terrorist organization consist of a corroborated identification of the individual as a member of a criminal street gang or foreign terrorist organization by an informant or other individual of unknown reliability. Makes nonsubstantive changes. (b-1) Requires that a law enforcement officer's name and department, if the officer has reasonable suspicion that an individual meets the criteria to be included in the intelligence database, be included in the database with the individual's submitted information. SECTION 2. Amends Article 67.151(b), Code of Criminal Procedure, to require that information, rather than subject to Subsection (c) (relating to providing that the five-year period does not include certain periods), collected under this chapter relating to a criminal street gang be removed after five years from certain intelligence databases. SECTION 3. Amends Article 67.152(b), Code of Criminal Procedure, to require that information collected under this chapter, rather than subject to Subsection (c) (relating to providing that the two-year period does not include certain periods), information collected under this chapter, relating to a criminal street gang be removed after two years from certain intelligence databases. SECTION 4. Repealer: Article 67.054(a)(1) (relating to the definition of "family member"), Code of Criminal Procedure. Repealer: Article 67.054(c) (relating to providing that certain evidence is not sufficient to create the eligibility of a person's information to be included in an intelligence database unless the evidence is combined with certain information), Code of Criminal Procedure. Repealers: Articles 67.151(c) (relating to providing that the five-year period does not include certain periods) and 67.152(c) (relating to providing that the two-year period does not include certain periods), Code of Criminal Procedure. SECTION 5. Effective date: September 1, 2025.
BILL ANALYSIS
Senate Research Center S.B. 2201
89R8698 JSC-D By: Birdwell; Blanco
Border Security
4/7/2025
As Filed
Senate Research Center
S.B. 2201
89R8698 JSC-D
By: Birdwell; Blanco
Border Security
4/7/2025
As Filed
AUTHOR'S / SPONSOR'S STATEMENT OF INTENT
With the rise of cartels and other organized criminal gangs throughout the state as well as the tactics they utilize throughout their operations, the submission criteria of suspected gang members to a law enforcement intelligence database do not meet the needs of law enforcement agencies. Specifically, the rise of Tren de Aragua (TdA) has caused significant concern for all levels of law enforcement across the United States as this Venezuelan gang has proved difficult to track.
Amending the submission criteria of individuals reasonably suspected to be involved in criminal activity will grant law enforcement agencies new and additional information to track. By tracking criminal organizations and their suspected members, law enforcement officials stand a better chance to dismantle the cartels, gangs, and foreign terrorist organizations that threaten the safety of Texans. These organizations pose significant risks to public safety by not only carrying out criminal activity and violence, but by also smuggling dangerous drugs and criminals across the border.
S.B. 2201 amends current submission criteria to more closely align law enforcement operations with the evolving tactics of cartels and criminal street gangs. S.B. 2201 also revises data retention policy to align with federal law and ensure that an individual's data is removed in five years unless new identifying information is validated.
As proposed, S.B. 2201 amends current law relating to intelligence databases for combinations, criminal street gangs, and foreign terrorist organizations.
RULEMAKING AUTHORITY
This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Article 67.054, Code of Criminal Procedure, by amending Subsection (b) and adding (b-1), as follows:
(b) Requires that criminal information collected under Chapter 67 (Compilation of Information Pertaining to Combinations and Criminal Street Gangs) relating to a criminal street gang or foreign terrorist organization:
(1) makes no changes to this subdivision; and
(2) consist of:
(A) makes no changes to this paragraph;
(B) self-admission, which may be implied or demonstrated, by an individual of membership in a criminal street gang or foreign terrorist organization, including the use of the Internet or other electronic format or medium to post photographs or other documentation identifying the individual as a member of a criminal street gang or foreign terrorist organization, rather than a self-admission that is made during a judicial proceeding; or
(C) any two of the following:
(i) redesignates existing Subparagraph (ii) as Subparagraph (i); an identification of the individual as a member of a criminal street gang or foreign terrorist organization by a documented criminal street gang member or foreign terrorist organization member or a family member, rather than a reliable informant or other individual;
(ii) redesignates existing Subparagraph (iv) as Subparagraph (ii); evidence that the individual frequents or is located at a previously documented area of a criminal street gang or foreign terrorist organization, including physical, digital, or online locations, rather than evidence that the individual associates with known members of a criminal street gang or foreign terrorist organization;
(iii) redesignates existing Subparagraph (v) as Subparagraph (iii); evidence that the individual uses, in more than an incidental manner, criminal street gang or foreign terrorist organization dress, hand signals, tattoos, or symbols, including expressions of letters, numbers, words, or marks, regardless of how or the means by which the symbols are displayed, that are associated with a criminal street gang or foreign terrorist organization, rather than a criminal street gang or foreign terrorist organization that operates in an area frequented by the individual and described by existing Subparagraph (iv) (relating to a documented area of a criminal street gang or foreign terrorist organization);
(iv) redesignates existing Subparagraph (vi) as Subparagraph (iv); evidence that the individual has been arrested, detained, or taken into custody with known members of a criminal street gang or foreign terrorist organization for an offense or conduct consistent with gang activity as defined by Section 125.061 (Definitions), Civil Practice and Remedies Code;
(v) redesignates existing Subparagraph (vii) as Subparagraph (v); evidence that the individual communicates, whether in person, in writing, or electronically, with a known member of a criminal street gang or foreign terrorist organization, rather than has visited a known member other than a family member of the individual, while the member is confined in or committed to a penal institution; or
(vi) redesignates existing Subparagraph (viii) as Subparagraph (vi); evidence of the individual's use of technology, including the Internet and social media, to advertise the criminal street gang or foreign terrorist organization or recruit new members of a criminal street gang or foreign terrorist organization.
Deletes text of existing Subparagraph (iii) requiring that criminal information collected under Chapter 67 relating to a criminal street gang or foreign terrorist organization consist of a corroborated identification of the individual as a member of a criminal street gang or foreign terrorist organization by an informant or other individual of unknown reliability. Makes nonsubstantive changes.
(b-1) Requires that a law enforcement officer's name and department, if the officer has reasonable suspicion that an individual meets the criteria to be included in the intelligence database, be included in the database with the individual's submitted information.
SECTION 2. Amends Article 67.151(b), Code of Criminal Procedure, to require that information, rather than subject to Subsection (c) (relating to providing that the five-year period does not include certain periods), collected under this chapter relating to a criminal street gang be removed after five years from certain intelligence databases.
SECTION 3. Amends Article 67.152(b), Code of Criminal Procedure, to require that information collected under this chapter, rather than subject to Subsection (c) (relating to providing that the two-year period does not include certain periods), information collected under this chapter, relating to a criminal street gang be removed after two years from certain intelligence databases.
SECTION 4. Repealer: Article 67.054(a)(1) (relating to the definition of "family member"), Code of Criminal Procedure.
Repealer: Article 67.054(c) (relating to providing that certain evidence is not sufficient to create the eligibility of a person's information to be included in an intelligence database unless the evidence is combined with certain information), Code of Criminal Procedure.
Repealers: Articles 67.151(c) (relating to providing that the five-year period does not include certain periods) and 67.152(c) (relating to providing that the two-year period does not include certain periods), Code of Criminal Procedure.
SECTION 5. Effective date: September 1, 2025.