CODE OF CRIMINAL PROCEDURE CHAPTER 61.

COMPILATION OF INFORMATION PERTAINING TO
CRIMINAL COMBINATIONS AND CRIMINAL STREET GANGS

Art. 61.01. Definitions

In this chapter:

(1) "Combination" and "criminal street gang" have the meanings
assigned by Section 71.01, Penal Code.

(2) "Child" has the meaning assigned by Section 51.02, Family Code.

(3) "Criminal information" means facts, material, photograph, or
data reasonably related to the investigation or prosecution of
criminal activity.

(4) "Criminal activity" means conduct that is subject to
prosecution.

(5) "Criminal justice agency" has the meaning assigned by Article
60.01 and also means a municipal or county agency, or school
district law enforcement agency, that is engaged in the
administration of criminal justice under a statute or executive
order.

(6) "Administration of criminal justice" has the meaning assigned
by Article 60.01.

(7) "Department" means the Department of Public Safety of the State
of Texas.

(8) "Intelligence database" means a collection or compilation of
data organized for search and retrieval to evaluate, analyze,
disseminate, or use intelligence information relating to a criminal
combination or a criminal street gang for the purpose of
investigating or prosecuting criminal offenses.

(9) "Law enforcement agency" does not include the Texas Department
of Criminal Justice or the Texas Youth Commission.

Added by Acts 1995, 74th Leg., ch. 671, Sec. 1, eff. Aug. 28, 1995.
Subd. (1) amended by and Subds. (7), (8), (9) added by Acts 1999,
76th Leg., ch. 1154, Sec. 2, eff. Sept. 1, 1999.

Art. 61.02. Criminal Combination and Criminal Street Gang
Intelligence Database; Submission Criteria

(a) Subject to Subsection (b), a criminal justice agency may
compile criminal information into an intelligence database for the
purpose of investigating or prosecuting the criminal activities of
criminal combinations or criminal street gangs. The information
may be compiled on paper, by computer, or in any other useful
manner.

(b) A law enforcement agency may compile and maintain criminal
information relating to a criminal street gang as provided by
Subsection (a) in a local or regional intelligence database only if
the agency compiles and maintains the information in accordance
with the criminal intelligence systems operating policies
established under 28 C.F.R. Section 23.1 et seq. and the submission
criteria established under Subsection (c).

(c) Criminal information collected under this chapter relating to a
criminal street gang must:

(1) be relevant to the identification of an organization that is
reasonably suspected of involvement in criminal activity; and

(2) consist of any two of the following:

(A) a self-admission by the individual of criminal street gang
membership;

(B) an identification of the individual as a criminal street gang
member by a reliable informant or other individual;

(C) a corroborated identification of the individual as a criminal
street gang member by an informant or other individual of unknown
reliability;

(D) evidence that the individual frequents a documented area of a
criminal street gang, associates with known criminal street gang
members, and uses criminal street gang dress, hand signals,
tattoos, or symbols; or

(E) evidence that the individual has been arrested or taken into
custody with known criminal street gang members for an offense or
conduct consistent with criminal street gang activity.

Added by Acts 1995, 74th Leg., ch. 671, Sec. 1, eff. Aug. 28, 1995.
Amended by Acts 1999, 76th Leg., ch. 1154, Sec. 3, eff. Sept. 1,
1999.

 

Art. 61.03. Release of information

(a) A criminal justice agency that maintains criminal information
under this chapter may release the information on request to:

(1) another criminal justice agency;

(2) a court; or

(3) a defendant in a criminal proceeding who is entitled to the
discovery of the information under Chapter 39.

(b) A criminal justice agency or court may use information received
under this article only for the administration of criminal justice.
A defendant may use information received under this article only
for a defense in a criminal proceeding.

(c) If a local law enforcement agency compiles and maintains
information under this chapter relating to a criminal street gang,
the agency shall send the information to the department.

(d) The department shall establish an intelligence database and
shall maintain information received from an agency under Subsection
(c) in the database in accordance with the policies established
under 28 C.F.R. Section 23.1 et seq. and the submission criteria
under Article 61.02(c).

(e) The department shall designate a code to distinguish criminal
information contained in the intelligence database relating to a
child from criminal information contained in the database relating
to an adult offender.

Added by Acts 1995, 74th Leg., ch. 671, Sec. 1, eff. Aug. 28, 1995.
Subsec. (d) added by Acts 1997, 75th Leg., ch. 898, Sec. 1, eff.
Sept. 1, 1997; Subsecs. (c), (d) amended by and Subsec. (e) added
by Acts 1999, 76th Leg., ch. 1154, Sec. 4, eff. Sept. 1, 1999.

 

Art. 61.04. Criminal information relating to child

(a) Notwithstanding Chapter 58, Family Code, criminal information
relating to a child associated with a combination or a criminal
street gang may be compiled and released under this chapter
regardless of the age of the child.

(b) A criminal justice agency that maintains information under this
chapter may release the information to an attorney representing a
child who is a party to a proceeding under Title 3, Family Code, if
the juvenile court determines the information:

(1) is material to the proceeding; and

(2) is not privileged under law.

(c) An attorney may use information received under this article
only for a child's defense in a proceeding under Title 3, Family
Code.

(d) If a local law enforcement agency collects criminal information
under this chapter relating to a criminal street gang, the
governing body of the county or municipality served by the law
enforcement agency may adopt a policy to notify the parent or
guardian of a child of the agency's observations relating to the
child's association with a criminal street gang.

Added by Acts 1995, 74th Leg., ch. 671, Sec. 1, eff. Aug. 28, 1995.
Subsec. (a) amended by Acts 1997, 75th Leg., ch. 165, Sec. 7.05,
eff. Sept. 1, 1997; amended by Acts 1997, 75th Leg., ch. 898, Sec.
2, eff. Sept. 1, 1997; Subsec. (a) amended by and Subsec. (d) added
by Acts 1999, 76th Leg., ch. 1154, Sec. 5, eff. Sept. 1, 1999.

 

Art. 61.05. Unauthorized use or release of criminal information

(a) A person commits an offense if the person knowingly:

(1) uses criminal information obtained under this chapter for an
unauthorized purpose; or

(2) releases the information to a person who is not entitled to the
information.

(b) An offense under this article is a Class A misdemeanor.

Added by Acts 1995, 74th Leg., ch. 671, Sec. 1, eff. Aug. 28, 1995.

 

Art. 61.06. Removal of Records Relating to an Individual Other Than
a Child

(a) This article does not apply to information collected under this
chapter by the Texas Department of Criminal Justice or the Texas
Youth Commission.

(b) Subject to Subsection (c), information collected under this
chapter relating to a criminal street gang must be removed from an
intelligence database established under Article 61.02 and the
intelligence database maintained by the department under Article
61.03 after three years 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 60.

(c) In determining whether information is required to be removed
from an intelligence database under Subsection (b), the three-year
period does not include any period during which the individual who
is the subject of the information is confined in the institutional
division or the state jail division of the Texas Department of
Criminal Justice.

Added by Acts 1995, 74th Leg., ch. 671, Sec. 1, eff. Aug. 28, 1995.
Amended by Acts 1997, 75th Leg., ch. 898, Sec. 3, eff. Sept. 1,
1997; Acts 1999, 76th Leg., ch. 1154, Sec. 6, eff. Sept. 1, 1999.

 

Art. 61.07. Removal of Records Relating to a Child

(a) This article does not apply to information collected under this
chapter by the Texas Department of Criminal Justice or the Texas
Youth Commission.

(b) Subject to Subsection (c), information collected under this
chapter relating to a criminal street gang must be removed from an
intelligence database established under Article 61.02 and the
intelligence database maintained by the department under Article
61.03 after two years 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 60; or

(B) taken into custody for delinquent conduct reported to the
department under Chapter 58, Family Code.

(c) In determining whether information is required to be removed
from an intelligence database under Subsection (b), the two-year
period does not include any period during which the child who is the
subject of the information is:

(1) committed to the Texas Youth Commission for conduct that
violates a penal law of the grade of felony; or

(2) confined in the institutional division or the state jail
division of the Texas Department of Criminal Justice.

Added by Acts 1999, 76th Leg., ch. 1154, Sec. 7, eff. Sept. 1, 1999.

 

Art. 61.08. Right to Request Review of Criminal Information

(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 that does not comply with the submission
criteria under Article 61.02(c), 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 if:

(1) reasonable suspicion exists to believe that the information is
accurate; and

(2) the information complies with the submission criteria
established under Article 61.02(c).

(b) If, after conducting a review of criminal information under
Subsection (a), the agency head or designee determines that:

(1) reasonable suspicion does not exist to believe that the
information is accurate or the information does not comply with the
submission criteria, the agency shall:

(A) destroy all records containing the information; and

(B) notify the department and the person who requested the review of
the agency's determination and the destruction of the records; or

(2) reasonable suspicion does exist to believe that the information
is accurate and the information complies with the submission
criteria, the agency shall notify the person who requested the
review of the agency's determination and that the person is
entitled to seek judicial review of the agency's determination
under Article 61.09.

(c) On receipt of notice under Subsection (b), the department shall
immediately destroy all records containing the information that is
the subject of the notice in the intelligence database maintained
by the department under Article 61.03.

(d) A person who is committed to the Texas Youth Commission or
confined in the institutional division or the state jail division
of the Texas Department of Criminal Justice does not while
committed or confined have the right to request review of criminal
information under this article.

Added by Acts 1999, 76th Leg., ch. 1154, Sec. 7, eff. Sept. 1, 1999.

 

Art. 61.09. Judicial Review

(a) A person who is entitled to seek judicial review of a
determination made under Article 61.08(b)(2) may file a petition
for review in district court in the county in which the person
resides.

(b) On the filing of a petition for review under Subsection (a), the
district court shall conduct an in camera review of the criminal
information that is the subject of the determination to determine
if:

(1) reasonable suspicion exists to believe that the information is
accurate; and

(2) the information complies with the submission criteria under
Article 61.02(c).

(c) If, after conducting an in camera review of criminal
information under Subsection (b), the court finds that reasonable
suspicion does not exist to believe that the information is
accurate or that the information does not comply with the
submission criteria, the court shall:

(1) order the law enforcement agency that collected the information
to destroy all records containing the information; and

(2) notify the department of the court's determination and the
destruction of the records.

(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.

Added by Acts 1999, 76th Leg., ch. 1154, Sec. 7, eff. Sept. 1, 1999.

 

Art. 61.10. Texas Violent Gang Task Force

(a) In this article, "task force" means the Texas Violent Gang Task
Force.

(b) The purpose of the task force is to form a strategic partnership
between state, federal, and local law enforcement agencies to
better enable law enforcement and correctional agencies to take a
proactive stance towards tracking gang activity and the growth and
spread of gangs statewide.

(c) The task force shall focus its efforts on:

(1) developing a statewide networking system that will provide
timely access to gang information;

(2) establishing communication between different law enforcement
agencies, combining independent agency resources, and joining
agencies together in a cooperative effort to focus on gang
membership, gang activity, and gang migration trends; and

(3) forming a working group of law enforcement and correctional
representatives from throughout the state to discuss specific cases
and investigations involving gangs and other related gang
activities.

(d) The task force may take any other actions as necessary to
accomplish the purposes of this article.

(e) The Department of Public Safety shall support the task force to
assist in coordinating statewide antigang initiatives.

(f) The task force shall consist of:

(1) a representative of the Department of Public Safety designated
by the director of that agency;

(2) a representative of the Texas Department of Criminal Justice
designated by the executive director of that agency;

(3) a representative of the Texas Youth Commission designated by
the executive director of that agency;

(4) a representative of the Texas Juvenile Probation Commission
designated by the executive director of that agency;

(5) a representative of the Criminal Justice Policy Council
designated by the executive director of that agency;

(6) a representative of the office of the attorney general
designated by the attorney general; and

(7) three local law enforcement or adult or juvenile community
supervision personnel and a prosecuting attorney designated by the
governor.

Added by Acts 1999, 76th Leg., ch. 492, Sec. 1, eff. June 18, 1999.
Renumbered from Vernon's Ann. C.C.P. art. 61.07 by Acts 2001, 77th
Leg., ch. 1420, Sec. 21.001(14), eff. Sept. 1, 2001.

 

Art. 61.11. Gang Resource System

(a) The office of the attorney general shall establish an
electronic gang resource system to provide criminal justice
agencies and juvenile justice agencies with information about
criminal street gangs in the state. The system may include the
following information with regard to any gang:

(1) gang name;

(2) gang identifiers, such as colors used, tattoos, and clothing
preferences;

(3) criminal activities;

(4) migration trends;

(5) recruitment activities; and

(6) a local law enforcement contact.

(b) Upon request by the office of the attorney general, criminal
justice agencies and juvenile justice agencies shall make a
reasonable attempt to provide gang information to the office of the
attorney general for the purpose of maintaining an updated,
comprehensive gang resource system.

(c) The office of the attorney general shall cooperate with
criminal justice agencies and juvenile justice agencies in
collecting and maintaining the accuracy of the information included
in the gang resource system.

(d) Information relating to the identity of a specific offender or
alleged offender may not be maintained in the gang resource system.

(e) Information in the gang resource system may be used in
investigating gang-related crimes but may be included in affidavits
or subpoenas or used in connection with any other legal or judicial
proceeding only if the information from the system is corroborated
by information not provided or maintained in the system.

(f) Access to the gang resource system shall be limited to criminal
justice agency personnel and juvenile justice agency personnel.

(g) Information in the gang resource system shall be accessible by:

(1) municipality or county; and

(2) gang name.

(h) The office of the attorney general may coordinate with the Texas
Department of Criminal Justice to include information in the gang
resource system regarding groups which have been identified by the
Security Threat Group Management Office of the Texas Department of
Criminal Justice.

Added by Acts 1999, 76th Leg., ch. 491, Sec. 1, eff. Aug. 30, 1999.
Renumbered from Vernon's Ann. C.C.P. art. 61.08 by Acts 2001, 77th
Leg., ch. 1420, Sec. 21.001(15), eff. Sept. 1, 2001.

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