Hagenbuch Gang Database Bill Lets A Family Member’s Word Count

The text as introduced · 907 words

By: Hagenbuch
S.B. No. 184

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. Article 67.054, Code of Criminal Procedure, is

amended by amending Subsection (b) and adding Subsection (b-1) to

read as follows:

(b) Criminal information collected under this chapter

relating to a criminal street gang or foreign terrorist

organization must:

(1) be relevant to the identification of an

organization that is reasonably suspected of involvement in

criminal activity; and

(2) consist of:

(A) a judgment under any law that includes, as a

finding or as an element of a criminal offense, participation in a

criminal street gang or foreign terrorist organization;

(B) a 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 [ that is

made during a judicial proceeding ]; or

(C) [ except as provided by Subsection (c), ] any

two of the following:

(i) [ a self-admission by the individual of

membership in a criminal street gang or foreign terrorist

organization that is not made during a judicial proceeding,

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;

[ (ii) ] 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 [ reliable

informant or other individual;

[ (iii) 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 ];

(ii) [ (iv) ] 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 [ and associates with known

members of a criminal street gang or foreign terrorist

organization ];

(iii) [ (v) ] 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 [ that operates in an area frequented

by the individual and described by Subparagraph (iv) ];

(iv) [ (vi) ] 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, Civil Practice and Remedies Code;

(v) [ (vii) ] evidence that the individual

communicates, whether in person, in writing, or electronically,

with [ has visited ] a known member of a criminal street gang or

foreign terrorist organization[ , other than a family member of the

individual, ] while the member is confined in or committed to a penal

institution; or

(vi) [ (viii) ] 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.

(b-1) If a law enforcement officer has reasonable suspicion

that an individual meets the criteria to be included in the

intelligence database, the officer's name and department must be

included in the database with the individual's submitted

information.

SECTION 2. Article 67.151(b), Code of Criminal Procedure,

is amended to read as follows:

(b) Information [ Subject to Subsection (c), information ]

collected under this chapter relating to a criminal street gang

must be removed after five years from an intelligence database

established under Article 67.051 and the intelligence database

maintained by the department under Article 67.052 if:

(1) the information relates to the investigation or

prosecution of criminal activity engaged in by an individual other

than a child; and

(2) the individual who is the subject of the

information has not been arrested for criminal activity reported to

the department under Chapter 66.

SECTION 3. Article 67.152(b), Code of Criminal Procedure,

is amended to read as follows:

(b) Information [ Subject to Subsection (c), information ]

collected under this chapter relating to a criminal street gang

must be removed after two years from an intelligence database

established under Article 67.051 and the intelligence database

maintained by the department under Article 67.052 if:

(1) the information relates to the investigation or

prosecution of criminal activity engaged in by a child; and

(2) the child who is the subject of the information has

not been:

(A) arrested for criminal activity reported to

the department under Chapter 66; or

(B) taken into custody for delinquent conduct

reported to the department under Chapter 58, Family Code.

SECTION 4. The following provisions of the Code of Criminal

Procedure are repealed:

(1) Article 67.054(a)(1);

(2) Article 67.054(c);

(3) Article 67.151(c); and

(4) Article 67.152(c).

SECTION 5. This Act takes effect September 1, 2027.