Bill Text: TX HB230 | 2023-2024 | 88th Legislature | Comm Sub
Bill Title: Relating to intelligence databases for combinations and criminal street gangs.
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Introduced - Dead) 2023-04-25 - Committee report sent to Calendars [HB230 Detail]
Download: Texas-2023-HB230-Comm_Sub.html
88R435 JSC-D | ||
By: González of El Paso, Schaefer, Canales | H.B. No. 230 |
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relating to intelligence databases for combinations and criminal | ||
street gangs. | ||
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 criminal | ||
street gang membership. | ||
(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, [ |
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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 [ |
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(1) probable cause [ |
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believe that the information is accurate; [ |
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(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 [ |
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that the information is accurate, [ |
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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 [ |
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information is accurate, [ |
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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 | ||
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[ |
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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 [ |
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determination made under that subsection [ |
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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 [ |
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whether [ |
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(1) probable cause [ |
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believe that the information is accurate; [ |
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(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 [ |
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probable cause [ |
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that the information is accurate, [ |
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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 | ||
[ |
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(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 [ |
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(e) Information that is the subject of [ |
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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 criminal street gang may | ||
renounce gang membership. On the second anniversary of the | ||
person's renunciation, the information of a person who renounces | ||
gang 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 criminal street gang may | ||
renounce gang membership and provide evidence that the person is no | ||
longer a member of the gang; 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, 2023. |