SB2201 - Relating to intelligence databases for combinations, criminal street gangs, and foreign terrorist organizations.

      By: Birdwell, et al. S.B. No. 2201     (Geren)           A BILL TO BE ENTITLED   AN ACT   relating to intelligence databases for combinations, criminal   street gangs, and foreign terrorist organizations.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Article 67.053, Code of Criminal Procedure, is   amended by adding Subsection (b-1) and amending Subsection (c) to   read as follows:           (b-1)     The department shall develop and make available a   minimum training course for access to and use of the intelligence   database established by the department under Article 67.052.   Before a person may access and use the intelligence database, the   person must complete the minimum training course described by this   subsection.          (c)  The department shall adopt rules necessary to implement   this article , including the content of the training course required   by Subsection (b-1) .          SECTION 2.  Article 67.054, Code of Criminal Procedure, is   amended by adding Subsections (a-1) and (b-1) and amending   Subsection (b) to read as follows:           (a-1)     Criminal information collected under this chapter   requires reasonable suspicion to be included in an intelligence   database. Reasonable suspicion is established when sufficient   facts provide a trained law enforcement or criminal justice agency   officer, investigator, or employee with a basis to believe there is   a reasonable possibility that an individual or organization is   involved in a definable criminal activity or enterprise.          (b)  Criminal information collected under this chapter   relating to a criminal street gang or foreign terrorist   organization must:                (1)  be relevant to the identification of an   organization that is reasonably suspected of involvement in   criminal activity; and                (2)  consist of:                      (A)  a judgment under any law that includes, as a   finding or as an element of a criminal offense, participation in a   criminal street gang or foreign terrorist organization;                      (B)  a self-admission by an individual of   membership in a criminal street gang or foreign terrorist   organization [ that is made during a judicial proceeding ]; or                      (C)  [ except as provided by Subsection (c), ] any   two of the following:                            (i)  [ a self-admission by the individual of   membership in a criminal street gang or foreign terrorist   organization that is not made during a judicial proceeding,   including the use of the Internet or other electronic format or   medium to post photographs or other documentation identifying the   individual as a member of a criminal street gang or foreign   terrorist organization;                            [ (ii) ]  an identification of the individual   as a member of a criminal street gang or foreign terrorist   organization by a documented criminal street gang member or foreign   terrorist organization member or a family member [ reliable   informant or other individual;                            [ (iii)     a corroborated identification of the   individual as a member of a criminal street gang or foreign   terrorist organization by an informant or other individual of   unknown reliability ];                             (ii)  [ (iv) ]  evidence that the individual   frequents or is located at a previously documented area of a   criminal street gang or foreign terrorist organization , including   physical, digital, or online locations [ and associates with known   members of a criminal street gang or foreign terrorist   organization ];                             (iii)  [ (v) ]  evidence that the individual   uses, in more than an incidental manner, criminal street gang or   foreign terrorist organization dress, hand signals, tattoos, or   symbols, including expressions of letters, numbers, words, or   marks, regardless of how or the means by which the symbols are   displayed, that are associated with a criminal street gang or   foreign terrorist organization [ that operates in an area frequented   by the individual and described by Subparagraph (iv) ];                             (iv)  [ (vi) ]  evidence that the individual   has been arrested or taken into custody [ with known members of a   criminal street gang or foreign terrorist organization ] for an   offense or conduct consistent with gang activity as defined by   Section 125.061, Civil Practice and Remedies Code , with:                                   (a)     known members of a criminal street   gang or foreign terrorist organization; or                                   (b)     individuals who use, in more than   an incidental manner, criminal street gang or foreign terrorist   organization dress, hand signals, tattoos, or symbols, including   expressions of letters, numbers, words, or marks, regardless of how   or the means by which the symbols are displayed, that are associated   with a criminal street gang or foreign terrorist organization ;                             (v)  [ (vii) ]  evidence that the individual   communicates, whether in person, in writing, or electronically,   with [ has visited ] a known member of a criminal street gang or   foreign terrorist organization[ , other than a family member of the   individual, ] while the member is confined in or committed to a penal   institution; or                             (vi)  [ (viii) ]  evidence of the individual's   use of technology, including the Internet and social media , to   advertise the criminal street gang or foreign terrorist   organization or recruit new members of a criminal street gang or   foreign terrorist organization.           (b-1)     If a law enforcement officer has reasonable suspicion   that an individual is associated with a criminal street gang or   foreign terrorist organization as a result of meeting the criteria   to be included in the intelligence database, the officer's name and   department must be included in the database with the individual's   submitted information.          SECTION 3.  Article 67.151(b), Code of Criminal Procedure,   is amended to read as follows:           (b)   Information that is [ Subject to Subsection (c),   information ] collected about an individual under this chapter and   that relates [ relating ] to a criminal street gang must be removed   after five years from an intelligence database established under   Article 67.051 and the intelligence database maintained by the   department under Article 67.052 unless new [ if:                [ (1) the ] information is submitted that meets the   submission criteria under Article 67.054 to be included in those   intelligence databases [ 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 66 ].          SECTION 4.  Article 67.152(b), Code of Criminal Procedure,   is amended to read as follows:          (b)   Information that is [ Subject to Subsection (c),   information ] collected about a child under this chapter and that   relates [ relating ] to a criminal street gang must be removed after   two years from an intelligence database established under Article   67.051 and the intelligence database maintained by the department   under Article 67.052 unless new [ if:                [ (1) the ] information is submitted that meets the   submission criteria under Article 67.054 to be included in those   intelligence databases [ 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 66; or                      [ (B) taken into custody for delinquent conduct   reported to the department under Chapter 58, Family Code ].          SECTION 5.  Subchapter D, Chapter 67, Code of Criminal   Procedure, is amended by adding Article 67.153 to read as follows:           Art.   67.153.     AUDIT. The state auditor annually shall   conduct an audit of information that is held in the department's   intelligence database maintained under Article 67.052.          SECTION 6.  The following provisions of the Code of Criminal   Procedure are repealed:                (1)  Article 67.054(c);                (2)  Article 67.151(c); and                (3)  Article 67.152(c).          SECTION 7.  (a) The Department of Public Safety shall   develop and make available the minimum training course required by   Article 67.053(b-1), Code of Criminal Procedure, as added by this   Act, not later than January 1, 2026.          (b)  A person who begins accessing the intelligence database   maintained under Chapter 67, Code of Criminal Procedure, before   January 1, 2026, is not required to take the minimum training course   described by Article 67.053(b-1), Code of Criminal Procedure, as   added by this Act, before January 1, 2027.          SECTION 8.  This Act takes effect September 1, 2025.