HB1274 - Relating to intelligence databases for combinations, criminal street gangs, and foreign terrorist organizations.

  89R1032 JSC-D     By: González of El Paso H.B. No. 1274       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.  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 membership   in a combination, criminal street gang, or foreign terrorist   organization.           (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 combination, criminal street   gang, or foreign terrorist organization may renounce membership.   On the second anniversary of the person's renunciation, the   information of a person who renounces 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 combination, criminal street   gang, or foreign terrorist organization may renounce membership and   provide evidence that the person is no longer a member of the   combination, gang, or organization; and                 (2)     the department subsequently removes the forme [Text truncated for display. Full text available on Congress.gov.]