HBA-SEB S.B. 8 76(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 8
By: West, Royce
Juvenile Justice and Family Issues
4/30/1999
Engrossed



BACKGROUND AND PURPOSE 

Currently, Texas law allows a criminal justice agency to compile
information for the purpose of investigating or prosecuting the criminal
activities.  The agency, however, is prohibited from sending this
information to a statewide database.   S.B. 8 requires the Texas Department
of Public Safety to establish and maintain a statewide criminal information
intelligence database. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Article 61.01, Code of Criminal Procedure, by amending
Subdivision (1) and adding Subdivisions (7) and (8), to define "criminal
street gang," "department," and "intelligence database." 

SECTION 2.  Amends Article 61.02, Code of Criminal Procedure, as follows:

Art. 61.02.  New title:  CRIMINAL  INFORMATION INTELLIGENCE DATABASE.  (a)
Authorizes a criminal justice agency to compile criminal information into
an intelligence database, rather than system, subject to Subsection (b) for
the purpose of investigating or prosecuting criminal street gangs.   

(b)  Authorizes a law enforcement agency to compile and maintain criminal
information relating to a criminal street gang in a local or regional
intelligence database only if the agency compiles and maintains the
information in accordance with certain criminal intelligence operating
policies and the submission criteria for gangs and gang members established
by the Federal Bureau of Investigation (FBI) for the National Crime
Information Center Violent Gang and Terrorist Organizations File.  

SECTION 3.  Amends Articles 61.03(c) and (d), Code of Criminal Procedure,
to require a local law enforcement agency to send information relating to
criminal street gangs to the Texas Department of Public Safety (DPS).
Requires DPS to maintain information received from a local law enforcement
agency in an intelligence database in accordance with certain criminal
intelligence operating policies and the submission criteria for gangs and
gang members established by the FBI. Deletes existing text prohibiting the
agency from sending the information to a statewide database. Makes
conforming changes. 

SECTION 4. Amends Article 61.04, Code of Criminal Procedure, by adding
Subsection (d), to authorize a governing body of a county or municipality
served by a local law enforcement agency that collects criminal information
to adopt a policy to notify the parent or guardian of a child about the
agency's observations relating to the child's association with criminal
street gangs. 

SECTION 5. Amends Chapter 61, Code of Criminal Procedure, by adding
Articles 61.07 and 61.08, as follows: 

 Art. 61.07.  RIGHT TO REQUEST REVIEW OF CRIMINAL INFORMATION.  Requires
the head of a law enforcement agency or a designee to review criminal
information collected by the agency relating to a person or child in order
to determine if reasonable suspicion exists to believe that the information
is inaccurate.  Requires the review on receipt of a written request of the
person or parent or guardian of the child.  Requires the agency to destroy
all records containing the information and to notify the person who
requested the review about the agency's determination and destruction of
records in question if the agency head or designee determines that
reasonable suspicion exists to believe that the information is inaccurate.
Requires an agency to notify a person who requested a review of the
agency's determination and the person's entitlement to seek judicial review
if the agency head or designee determines that reasonable suspicion does
not exist to believe that collected information is inaccurate. 

Art. 61.08.  JUDICIAL REVIEW.  Authorizes a person entitled to seek
judicial review of a determination to file a petition for review in
district court.  Requires a district court, on a filing of a petition for
review, to conduct an in camera review of the criminal information to
determine if reasonable suspicion exists to believe that the information is
inaccurate. Requires the court to order the law enforcement agency that
collected the information to destroy all records containing the information
if the court finds that reasonable suspicion exists to believe that the
collected information is inaccurate.  Authorizes a petitioner to appeal a
final judgment of a district court conducting an in camera review. 

SECTION 6.  Repealer:  Article 61.06, Code of Criminal Procedure
(Destruction of Records). 

SECTION 7.  Requires any law enforcement agency, by January 1, 2000, that
collected criminal information under Chapter 61, Code of Criminal
Procedure, to review the information that was compiled or maintained on or
before December 31, 1999, to determine if the agency compiled and is
maintaining the information in accordance with certain criminal
intelligence operating policies and the submission criteria for gangs and
gang members established by the FBI for the National Crime Information
Center Violent Gang and Terrorist Organizations File.   Requires the
agency, by January 1, 2000, to purge all records containing any criminal
information kept in the agency's system that was not collected or is not
being maintained in accordance with those standards.   

SECTION 8.  Requires DPS to report to the legislature on the use and
effectiveness of the intelligence maintained in the DPS database no later
than December 1, 2000. 

SECTION 9.Emergency clause.
  Effective date: upon passage.