2005 Texas Code of Criminal Procedure CHAPTER 61. COMPILATION OF INFORMATION PERTAINING TO CRIMINAL COMBINATIONS AND CRIMINAL STREET GANGS

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.