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AN ACT
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relating to the compilation, maintenance, and release of |
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information in a criminal street gang intelligence database by law |
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enforcement agencies and criminal justice agencies. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 61.02, Code of Criminal Procedure, is |
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amended by amending Subsections (a) and (b) and adding Subsection |
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(b-1) to read as follows: |
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(a) Subject to Subsection (b), a criminal justice agency |
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shall [may] compile criminal information into an intelligence |
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database for the purpose of investigating or prosecuting the |
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criminal activities of criminal combinations or criminal street |
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gangs. [The information may be compiled on paper, by computer, or
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in any other useful manner.] |
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(b) A law enforcement agency in a municipality with a |
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population of 50,000 or more or in a county with a population of |
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100,000 or more shall [may] compile and maintain in a local or |
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regional intelligence database criminal information relating to a |
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criminal street gang as provided by Subsection (a). The |
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information must be compiled and maintained [in a local or regional
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intelligence database only if the agency compiles and maintains the
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information] in accordance with the criminal intelligence systems |
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operating policies established under 28 C.F.R. Section 23.1 et seq. |
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and the submission criteria established under Subsection (c). |
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(b-1) Information described by this article may be compiled |
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on paper, by computer, or in any other useful manner by a criminal |
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justice agency or law enforcement agency. |
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SECTION 2. Subsections (a) and (c), Article 61.03, Code of |
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Criminal Procedure, are amended to read as follows: |
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(a) A criminal justice agency [that maintains criminal
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information under this chapter] may release on request [the] |
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information maintained under this chapter [on request] to: |
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(1) another criminal justice agency; |
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(2) a court; or |
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(3) a defendant in a criminal proceeding who is |
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entitled to the discovery of the information under Chapter 39. |
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(c) A [If a] local law enforcement agency described by |
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Article 61.02(b) [compiles and maintains information under this
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chapter relating to a criminal street gang, the agency] shall send |
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to the department [the] information compiled and maintained under |
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this chapter [to the department]. |
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SECTION 3. Subsections (b) and (d), Article 61.04, Code of |
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Criminal Procedure, are amended to read as follows: |
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(b) A criminal justice agency [that maintains information
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under this chapter] may release [the] information maintained under |
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this chapter to an attorney representing a child who is a party to a |
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proceeding under Title 3, Family Code, if the juvenile court |
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determines the information: |
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(1) is material to the proceeding; and |
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(2) is not privileged under law. |
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(d) The [If a local law enforcement agency collects criminal
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information under this chapter relating to a criminal street gang,
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the] governing body of a [the] county or municipality served by a |
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[the] law enforcement agency described by Article 61.02(b) may |
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adopt a policy to notify the parent or guardian of a child of the |
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agency's observations relating to the child's association with a |
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criminal street gang. |
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SECTION 4. Chapter 61, Code of Criminal Procedure, is |
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amended by adding Article 61.12 to read as follows: |
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Art. 61.12. DATABASE USER TRAINING. (a) The department |
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shall enter into a memorandum of understanding with the United |
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States Department of Justice or other appropriate federal |
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department or agency to provide any person in this state who enters |
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information into or retrieves information from an intelligence |
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database described by this chapter with training regarding the |
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operating principles described by 28 C.F.R. Part 23, as those |
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principles relate to an intelligence database established or |
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maintained under this chapter. |
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(b) A person in this state who enters information into or |
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retrieves information from an intelligence database described by |
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this chapter shall complete continuing education training on the |
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material described by Subsection (a) at least once for each |
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continuous two-year period the person has primary responsibility |
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for performing a function described by this subsection. |
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(c) The department shall adopt the rules necessary to |
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implement this article. |
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SECTION 5. (a) Not later than October 1, 2009, the |
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Department of Public Safety of the State of Texas shall adopt rules |
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as required by Article 61.12, Code of Criminal Procedure, as added |
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by this Act. |
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(b) The Department of Public Safety of the State of Texas |
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shall enter into a memorandum of understanding with the United |
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States Department of Justice or other appropriate federal |
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department or agency, as required by Article 61.12, Code of |
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Criminal Procedure, as added by this Act, not later than December 1, |
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2009. |
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SECTION 6. This Act takes effect September 1, 2009. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 418 passed the Senate on |
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April 30, 2009, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 418 passed the House on |
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May 27, 2009, by the following vote: Yeas 148, Nays 0, one |
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present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |