Bill Text: TX SB315 | 2011-2012 | 82nd Legislature | Enrolled
Bill Title: Relating to the agencies and entities responsible for compiling and maintaining information pertaining to criminal combinations and criminal street gangs.
Spectrum: Bipartisan Bill
Status: (Passed) 2011-06-17 - Effective immediately [SB315 Detail]
Download: Texas-2011-SB315-Enrolled.html
S.B. No. 315 |
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relating to the agencies and entities responsible for compiling and | ||
maintaining information pertaining to criminal combinations and | ||
criminal street gangs. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Article 61.01, Code of Criminal Procedure, is | ||
amended by amending Subdivision (9) and adding Subdivision (10) to | ||
read as follows: | ||
(9) "Law enforcement agency" does not include the | ||
Texas Department of Criminal Justice, the Texas Juvenile Probation | ||
Commission, a local juvenile probation department, or the Texas | ||
Youth Commission. | ||
(10) "Juvenile justice agency" has the meaning | ||
assigned by Section 58.101, Family Code. | ||
SECTION 2. Subsections (a) and (b-1), Article 61.02, Code | ||
of Criminal Procedure, are amended to read as follows: | ||
(a) Subject to Subsection (b), a criminal justice agency or | ||
a juvenile justice agency shall compile criminal information into | ||
an intelligence database for the purpose of investigating or | ||
prosecuting the criminal activities of criminal combinations or | ||
criminal street gangs. | ||
(b-1) Information described by this article may be compiled | ||
on paper, by computer, or in any other useful manner by a criminal | ||
justice agency, juvenile justice agency, or law enforcement agency. | ||
SECTION 3. Subsection (b), Article 61.04, Code of Criminal | ||
Procedure, is amended to read as follows: | ||
(b) A criminal justice agency or a juvenile justice agency | ||
may release information maintained under this chapter 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. | ||
SECTION 4. Article 61.10, Code of Criminal Procedure, is | ||
amended by amending Subsections (b), (c), and (f) and adding | ||
Subsection (g) to read as follows: | ||
(b) The purpose of the task force is to form a strategic | ||
partnership among local, [ |
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justice, juvenile justice, and correctional[ |
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gang activity and the growth and spread of gangs statewide. | ||
(c) The task force shall focus its efforts on: | ||
(1) developing, through regional task force meetings, | ||
a statewide networking system that will provide timely access to | ||
gang information; | ||
(2) establishing communication between different | ||
criminal justice, juvenile justice, and correctional [ |
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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 criminal justice, | ||
juvenile justice, [ |
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representatives from throughout the state to discuss specific cases | ||
and investigations involving gangs and other related gang | ||
activities. | ||
(f) The task force shall consist of: | ||
(1) a representative of the Department of Public | ||
Safety designated by the director of that agency; | ||
(2) two representatives [ |
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Texas Department of Criminal Justice, including a representative of | ||
the parole division, designated by the executive director of that | ||
agency; | ||
(3) a representative of the office of the inspector | ||
general of the Texas Department of Criminal Justice designated by | ||
the inspector general; | ||
(4) a representative of the Texas Youth Commission | ||
designated by the executive director of that agency; | ||
(5) [ |
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Probation Commission designated by the executive director of that | ||
agency; | ||
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(6) a representative of the office of the attorney | ||
general designated by the attorney general; [ |
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(7) six representatives who are local law enforcement | ||
officers or local community supervision personnel, including | ||
juvenile probation personnel, designated by the governor; and | ||
(8) two representatives who are local prosecutors | ||
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governor. | ||
(g) If practicable, the task force shall consult with | ||
representatives from one or more United States Attorneys' Offices | ||
in this state and with representatives from the following federal | ||
agencies who are available and assigned to a duty station in this | ||
state: | ||
(1) the Federal Bureau of Investigation; | ||
(2) the Federal Bureau of Prisons; | ||
(3) the United States Drug Enforcement | ||
Administration; | ||
(4) United States Immigration and Customs | ||
Enforcement; | ||
(5) United States Customs and Border Protection; | ||
(6) the Bureau of Alcohol, Tobacco, Firearms and | ||
Explosives; | ||
(7) the United States Marshals Service; and | ||
(8) the United States Probation and Pretrial Services | ||
System. | ||
SECTION 5. This Act takes effect immediately if it receives | ||
a vote of two-thirds of all the members elected to each house, as | ||
provided by Section 39, Article III, Texas Constitution. If this | ||
Act does not receive the vote necessary for immediate effect, this | ||
Act takes effect September 1, 2011. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I hereby certify that S.B. No. 315 passed the Senate on | ||
April 5, 2011, by the following vote: Yeas 31, Nays 0. | ||
______________________________ | ||
Secretary of the Senate | ||
I hereby certify that S.B. No. 315 passed the House on | ||
May 20, 2011, by the following vote: Yeas 149, Nays 0, one | ||
present not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
Approved: | ||
______________________________ | ||
Date | ||
______________________________ | ||
Governor |