88R435 JSC-D
	By: González of El Paso, Schaefer, Canales	H.B. No. 230

	A BILL TO BE ENTITLED
	AN ACT
	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, [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 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.