On The Gang Database? Bill Requires Notice Within 60 Days

The text as introduced · 1,645 words

89R1032 JSC-D

By: González of El Paso
H.B. No. 1274

A BILL TO BE ENTITLED

AN ACT

relating to intelligence databases for combinations, criminal

street gangs, and foreign terrorist organizations.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subchapter B, Chapter 67, Code of Criminal

Procedure, is amended by adding Article 67.055 to read as follows:

Art. 67.055. NOTIFICATION REGARDING INCLUSION OF

INFORMATION IN DEPARTMENT'S INTELLIGENCE DATABASE. (a) Not later

than the 60th day after the date the department includes

information relating to a person in the department's intelligence

database maintained under Article 67.052, the department shall

provide to the person by certified mail to the person's last known

address:

(1) notification regarding the inclusion of the

person's information in the department's intelligence database;

(2) a description of the process for disputing the

inclusion of information in the database, including associated

costs or fees, processes and timelines, and any potential evidence

necessary for purposes of a dispute; and

(3) a description of the process for removing

information from the database following renunciation of membership

in a combination, criminal street gang, or foreign terrorist

organization.

(b) The department shall post on the department's Internet

website information regarding the processes described by

Subsections (a)(2) and (3).

SECTION 2. Subchapter C, Chapter 67, Code of Criminal

Procedure, is amended by adding Article 67.1015 to read as follows:

Art. 67.1015. PROHIBITED RELEASE AND USE OF INFORMATION IN

DEPARTMENT'S INTELLIGENCE DATABASE. A person's information

included in the intelligence database maintained by the department

under Article 67.052 may not:

(1) be made available for or used in a determination of

the person's employment eligibility;

(2) limit any rights given to the person by the United

States Constitution or Texas Constitution; or

(3) limit the person's ability to obtain any federal or

state license, permit, or benefit.

SECTION 3. The heading to Subchapter D, Chapter 67, Code of

Criminal Procedure, is amended to read as follows:

SUBCHAPTER D. REMOVAL OF INFORMATION AFTER EXPIRATION OF CERTAIN

PERIOD

SECTION 4. Subchapter D, Chapter 67, Code of Criminal

Procedure, is amended by adding Article 67.153 to read as follows:

Art. 67.153. AUDIT; SUMMARY; REMOVAL. (a) The state

auditor annually shall conduct an audit of information that is held

in the department's intelligence database maintained under Article

67.052.

(b) If the state auditor finds that information has remained

in the intelligence database for more than 10 years, the state

auditor shall request that the department reestablish sufficient

evidence for inclusion of the information in the database. If the

department is unable to establish sufficient evidence, the

department promptly shall remove the information from the database.

(c) The state auditor shall create a summary of the audit

performed under this article, disaggregating by race, age, gender,

ethnicity, and residential zip code the total number of persons

whose information is included in the intelligence database. The

summary must specify the number of persons whose information has

been retained in the intelligence database for more than five years

and for more than 10 years.

(d) The department shall make the summary available on the

department's Internet website.

SECTION 5. Articles 67.202(a), (b), (c), and (d), Code of

Criminal Procedure, are amended to read as follows:

(a) On receipt of a written request of a person or the parent

or guardian of a child that includes a showing by the person or the

parent or guardian that a law enforcement agency may have collected

criminal information under this chapter relating to the person or

child that is inaccurate , [ or ] does not comply with the submission

criteria under Article 67.054(b), or violates 28 C.F.R. Part 23,

the Texas Constitution, or the United States Constitution, the head

of the agency or the designee of the agency head shall review

criminal information collected by the agency under this chapter

relating to the person or child to determine whether [ if ]:

(1) probable cause [ reasonable suspicion ] exists to

believe that the information is accurate; [ and ]

(2) the information complies with the submission

criteria established under Article 67.054(b) ; and

(3) inclusion of the information in the applicable

intelligence database violates 28 C.F.R. Part 23, the Texas

Constitution, or the United States Constitution .

(b) If, after conducting a review of criminal information

under Subsection (a), the agency head or designee determines that

probable cause [ reasonable suspicion ] does not exist to believe

that the information is accurate, [ or ] determines that the

information does not comply with the submission criteria, or

determines that inclusion of the information in the intelligence

database violates 28 C.F.R. Part 23, the Texas Constitution, or the

United States Constitution, the agency shall:

(1) promptly destroy all records containing the

information; and

(2) not later than the 10th business day after the date

of the determination, notify the department and the person who

requested the review of the agency's determination and the

destruction of the records.

(c) If, after conducting a review of criminal information

under Subsection (a), the agency head or designee determines that

probable cause [ reasonable suspicion ] exists to believe that the

information is accurate, [ and ] determines that the information

complies with the submission criteria, and determines that

inclusion of the information in the intelligence database does not

violate 28 C.F.R. Part 23, the Texas Constitution, or the United

States Constitution, the agency shall notify the person who

requested the review:

(1) of the agency's determination not later than the

10th business day after the date of the determination ; and

(2) that the person is entitled to seek judicial

review of the agency's determination under Article 67.203 not later

than the 60th day after the date the person receives the written

notification by the agency head or designee .

(d) Not later than the 10th business day after the date of

[ On ] receipt of notice under Subsection (b)(2), the department

[ immediately ] shall destroy all records containing the information

that is the subject of the notice in the intelligence database

maintained by the department under Article 67.052.

SECTION 6. Article 67.203, Code of Criminal Procedure, is

amended to read as follows:

Art. 67.203. JUDICIAL REVIEW. (a) Not later than the 60th

day after the date the person receives written notice under Article

67.202(c), a [ A ] person who is entitled to seek judicial review of a

determination made under that subsection [ Article 67.202(c) ] may

file a petition for review in district court in the county in which

the person resides.

(a-1) A court may grant judicial review of a petition filed

after the date prescribed by Subsection (a) if the petitioner shows

good cause for filing after that date.

(b) On the filing of a petition for review under Subsection

(a), the district court shall conduct a hearing in which the court

shall make available to the person's counsel under Article 39.14

all criminal information that is the subject of the determination.

The hearing shall be conducted [ an in camera review of the criminal

information that is the subject of the determination ] to determine

whether [ if ]:

(1) probable cause [ reasonable suspicion ] exists to

believe that the information is accurate; [ and ]

(2) the information complies with the submission

criteria under Article 67.054(b) ; and

(3) the inclusion of the information in the applicable

intelligence database violates 28 C.F.R. Part 23, the Texas

Constitution, or the United States Constitution .

(c) If, after a hearing [ conducting an in camera review of

criminal information under Subsection (b) ], the court finds that

probable cause [ reasonable suspicion ] does not exist to believe

that the information is accurate, [ or ] finds that the information

does not comply with the submission criteria, or finds that

inclusion of the information in the intelligence database violates

28 C.F.R. Part 23, the Texas Constitution, or the United States

Constitution, not later than the 10th business day after the date

the court makes its finding, the court shall:

(1) order the law enforcement agency that collected

the information to promptly destroy all records containing the

information; and

(2) notify the department of the court's finding

[ determination ] and the destruction of the records.

(c-1) Not later than the 10th business day after the date of

receipt of notice under Subsection (c)(2), the department shall

destroy all records containing the information that is the subject

of the notice in the intelligence database maintained by the

department under Article 67.052.

(d) A petitioner may appeal a final judgment of a district

court [ conducting an in camera review ] under this article.

(e) Information that is the subject of [ an in camera ] review

under this article is confidential and may not be disclosed , except

the information is subject to disclosure as required by Article

39.14 or under a subpoena or other legal process .

SECTION 7. Subchapter E, Chapter 67, Code of Criminal

Procedure, is amended by adding Article 67.204 to read as follows:

Art. 67.204. RIGHT TO REMOVAL OF INFORMATION FROM

DEPARTMENT'S INTELLIGENCE DATABASE AFTER RENUNCIATION. (a) A

person who is no longer a member of a combination, criminal street

gang, or foreign terrorist organization may renounce membership.

On the second anniversary of the person's renunciation, the

information of a person who renounces membership shall be removed

from the department's intelligence database maintained under

Article 67.052.

(b) The department shall adopt rules and forms for the

process by which:

(1) a former member of a combination, criminal street

gang, or foreign terrorist organization may renounce membership and

provide evidence that the person is no longer a member of the

combination, gang, or organization; and

(2) the department subsequently removes the former

member's information from the department's intelligence database.

SECTION 8. This Act takes effect September 1, 2025.