Texas 2025 - 89th Regular

Texas Senate Bill SB2201 Compare Versions

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	1	+	89R8698 JSC-D
1	2		By: Birdwell, Blanco S.B. No. 2201
2		-	(In the Senate - Filed March 11, 2025; March 25, 2025, read
3		-	first time and referred to Committee on Border Security;
4		-	April 15, 2025, reported adversely, with favorable Committee
5		-	Substitute by the following vote: Yeas 4, Nays 1; April 15, 2025,
6		-	sent to printer.)
7		-	Click here to see the committee vote
8		-	COMMITTEE SUBSTITUTE FOR S.B. No. 2201 By: Birdwell
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13	7		A BILL TO BE ENTITLED
14	8		AN ACT
15	9		relating to intelligence databases for combinations, criminal
16	10		street gangs, and foreign terrorist organizations.
17	11		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
18		-	SECTION 1. Article 67.053, Code of Criminal Procedure, is
19		-	amended by adding Subsection (b-1) and amending Subsection (c) to
20		-	read as follows:
21		-	(b-1) The department shall develop and make available a
22		-	minimum training course for access to and use of the intelligence
23		-	database established by the department under Article 67.052.
24		-	Before a person may access and use the intelligence database, the
25		-	person must complete the minimum training course described by this
26		-	subsection.
27		-	(c) The department shall adopt rules necessary to implement
28		-	this article, including the content of the training course required
29		-	by Subsection (b-1).
30		-	SECTION 2. Article 67.054, Code of Criminal Procedure, is
	12	+	SECTION 1. Article 67.054, Code of Criminal Procedure, is
31	13		amended by amending Subsection (b) and adding Subsection (b-1) to
32	14		read as follows:
33	15		(b) Criminal information collected under this chapter
34	16		relating to a criminal street gang or foreign terrorist
35	17		organization must:
36	18		(1) be relevant to the identification of an
37	19		organization that is reasonably suspected of involvement in
38	20		criminal activity; and
39	21		(2) consist of:
40	22		(A) a judgment under any law that includes, as a
41	23		finding or as an element of a criminal offense, participation in a
42	24		criminal street gang or foreign terrorist organization;
43	25		(B) a self-admission, which may be implied or
44	26		demonstrated, by an individual of membership in a criminal street
45	27		gang or foreign terrorist organization, including the use of the
46	28		Internet or other electronic format or medium to post photographs
47	29		or other documentation identifying the individual as a member of a
48	30		criminal street gang or foreign terrorist organization [that is
49	31		made during a judicial proceeding]; or
50	32		(C) [except as provided by Subsection (c),] any
51	33		two of the following:
52	34		(i) [a self-admission by the individual of
53	35		membership in a criminal street gang or foreign terrorist
54	36		organization that is not made during a judicial proceeding,
55	37		including the use of the Internet or other electronic format or
56	38		medium to post photographs or other documentation identifying the
57	39		individual as a member of a criminal street gang or foreign
58	40		terrorist organization;
59	41		[(ii)] an identification of the individual
60	42		as a member of a criminal street gang or foreign terrorist
61	43		organization by a documented criminal street gang member or foreign
62	44		terrorist organization member or a family member [reliable
63	45		informant or other individual;
64	46		[(iii) a corroborated identification of the
65	47		individual as a member of a criminal street gang or foreign
66	48		terrorist organization by an informant or other individual of
67	49		unknown reliability];
68	50		(ii) [(iv)] evidence that the individual
69	51		frequents or is located at a previously documented area of a
70	52		criminal street gang or foreign terrorist organization, including
71	53		physical, digital, or online locations [and associates with known
72	54		members of a criminal street gang or foreign terrorist
73	55		organization];
74	56		(iii) [(v)] evidence that the individual
75	57		uses, in more than an incidental manner, criminal street gang or
76	58		foreign terrorist organization dress, hand signals, tattoos, or
77	59		symbols, including expressions of letters, numbers, words, or
78	60		marks, regardless of how or the means by which the symbols are
79	61		displayed, that are associated with a criminal street gang or
80	62		foreign terrorist organization [that operates in an area frequented
81	63		by the individual and described by Subparagraph (iv)];
82	64		(iv) [(vi)] evidence that the individual
83		-	has been arrested or taken into custody [with known members of a
84		-	criminal street gang or foreign terrorist organization] for an
85		-	offense or conduct consistent with gang activity as defined by
86		-	Section 125.061, Civil Practice and Remedies Code, with:
87		-	(a) known members of a criminal street
88		-	gang or foreign terrorist organization; or
89		-	(b) individuals who use, in more than
90		-	an incidental manner, criminal street gang or foreign terrorist
91		-	organization dress, hand signals, tattoos, or symbols, including
92		-	expressions of letters, numbers, words, or marks, regardless of how
93		-	or the means by which the symbols are displayed, that are associated
94		-	with a criminal street gang or foreign terrorist organization;
	65	+	has been arrested, detained, or taken into custody with known
	66	+	members of a criminal street gang or foreign terrorist organization
	67	+	for an offense or conduct consistent with gang activity as defined
	68	+	by Section 125.061, Civil Practice and Remedies Code;
95	69		(v) [(vii)] evidence that the individual
96	70		communicates, whether in person, in writing, or electronically,
97	71		with [has visited] a known member of a criminal street gang or
98	72		foreign terrorist organization[, other than a family member of the
99	73		individual,] while the member is confined in or committed to a penal
100	74		institution; or
101	75		(vi) [(viii)] evidence of the individual's
102	76		use of technology, including the Internet and social media, to
103	77		advertise the criminal street gang or foreign terrorist
104	78		organization or recruit new members of a criminal street gang or
105	79		foreign terrorist organization.
106	80		(b-1) If a law enforcement officer has reasonable suspicion
107		-	that an individual is associated with a criminal street gang or
108		-	foreign terrorist organization as a result of meeting the criteria
109		-	to be included in the intelligence database, the officer's name and
110		-	department must be included in the database with the individual's
111		-	submitted information.
112		-	SECTION 3. Article 67.151(b), Code of Criminal Procedure,
	81	+	that an individual meets the criteria to be included in the
	82	+	intelligence database, the officer's name and department must be
	83	+	included in the database with the individual's submitted
	84	+	information.
	85	+	SECTION 2. Article 67.151(b), Code of Criminal Procedure,
113	86		is amended to read as follows:
114		-	(b) Information that is [Subject to Subsection (c),
115		-	information] collected about an individual under this chapter and
116		-	that relates [relating] to a criminal street gang must be removed
117		-	after five years from an intelligence database established under
118		-	Article 67.051 and the intelligence database maintained by the
119		-	department under Article 67.052 unless [if:
120		-	[(1)] the information continues to meet the submission
121		-	criteria under Article 67.054 to be included in those intelligence
122		-	databases [relates to the investigation or prosecution of criminal
123		-	activity engaged in by an individual other than a child; and
124		-	[(2) the individual who is the subject of the
	87	+	(b) Information [Subject to Subsection (c), information]
	88	+	collected under this chapter relating to a criminal street gang
	89	+	must be removed after five years from an intelligence database
	90	+	established under Article 67.051 and the intelligence database
	91	+	maintained by the department under Article 67.052 if:
	92	+	(1) the information relates to the investigation or
	93	+	prosecution of criminal activity engaged in by an individual other
	94	+	than a child; and
	95	+	(2) the individual who is the subject of the
125	96		information has not been arrested for criminal activity reported to
126		-	the department under Chapter 66].
127		-	SECTION 4. Article 67.152(b), Code of Criminal Procedure,
	97	+	the department under Chapter 66.
	98	+	SECTION 3. Article 67.152(b), Code of Criminal Procedure,
128	99		is amended to read as follows:
129		-	(b) Information that is [Subject to Subsection (c),
130		-	information] collected about a child under this chapter and that
131		-	relates [relating] to a criminal street gang must be removed after
132		-	two years from an intelligence database established under Article
133		-	67.051 and the intelligence database maintained by the department
134		-	under Article 67.052 unless [if:
135		-	[(1)] the information continues to meet the submission
136		-	criteria under Article 67.054 to be included in those intelligence
137		-	databases [relates to the investigation or prosecution of criminal
138		-	activity engaged in by a child; and
139		-	[(2) the child who is the subject of the information
140		-	has not been:
141		-	[(A) arrested for criminal activity reported to
	100	+	(b) Information [Subject to Subsection (c), information]
	101	+	collected under this chapter relating to a criminal street gang
	102	+	must be removed after two years from an intelligence database
	103	+	established under Article 67.051 and the intelligence database
	104	+	maintained by the department under Article 67.052 if:
	105	+	(1) the information relates to the investigation or
	106	+	prosecution of criminal activity engaged in by a child; and
	107	+	(2) the child who is the subject of the information has
	108	+	not been:
	109	+	(A) arrested for criminal activity reported to
142	110		the department under Chapter 66; or
143		-	[(B) taken into custody for delinquent conduct
144		-	reported to the department under Chapter 58, Family Code].
145		-	SECTION 5. Subchapter D, Chapter 67, Code of Criminal
146		-	Procedure, is amended by adding Article 67.153 to read as follows:
147		-	Art. 67.153. AUDIT. The state auditor annually shall
148		-	conduct an audit of information that is held in the department's
149		-	intelligence database maintained under Article 67.052.
150		-	SECTION 6. The following provisions of the Code of Criminal
	111	+	(B) taken into custody for delinquent conduct
	112	+	reported to the department under Chapter 58, Family Code.
	113	+	SECTION 4. The following provisions of the Code of Criminal
151	114		Procedure are repealed:
152		-	(1) Article 67.054(c);
153		-	(2) Article 67.151(c); and
154		-	(3) Article 67.152(c).
155		-	SECTION 7. (a) The Department of Public Safety shall
156		-	develop and make available the minimum training course required by
157		-	Article 67.053(b-1), Code of Criminal Procedure, as added by this
158		-	Act, not later than January 1, 2026.
159		-	(b) A person who begins accessing the intelligence database
160		-	maintained under Chapter 67, Code of Criminal Procedure, before
161		-	January 1, 2026, is not required to take the minimum training course
162		-	described by Article 67.053(b-1), Code of Criminal Procedure, as
163		-	added by this Act, before January 1, 2027.
164		-	SECTION 8. This Act takes effect September 1, 2025.
165		-	* * * * *
	115	+	(1) Article 67.054(a)(1);
	116	+	(2) Article 67.054(c);
	117	+	(3) Article 67.151(c); and
	118	+	(4) Article 67.152(c).
	119	+	SECTION 5. This Act takes effect September 1, 2025.