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10 Cards in this Set

  • Front
  • Back
Art. 61.02 Criminal Combination and Criminal Street Gang Intelligence Database; Submission Criteria.
1. Criminal Justice Agency may compile information into intelligence database of criminal combination or criminal street gangs.
2. Law Enforcement Agency may compile database if it complies with T.C.J.C./N.C.I.C. regulations.
3. Information collected relating to criminal street gangs must;
a. be relevant to identifying
organization involved in
criminal activity
b. consist of any two (2) of the
1. self-admits to gang
2. identified as gang member
reliable informant
3. corroborated information as
a gang member by informant
that is unknown reliability
4. evidence individual
frequents gang areas,
associates with known gang
members, uses gang dress,
hand signals, tattoos or
5. has been arrested with gang
members for an offense
consistent of gang activity
Art. 61.03 Release of Information.
1. Agency may release information to;
a. another agency
b. a court
c. a defendant in criminal
proceeding who is entitled to
2. A Criminal Justice agency may use information for the administration of criminal justice. Defendant may use information for a defense.
3. Local agencies will forward information to to D.P.S.
4. D.P.S. shall establish intelligence database.
5. D.P.S. will establish code to designate child or adult.
Art. 61.04 Criminal Information Relating to a Child.
1. Information related to criminal combination or criminal street gang may be compiled and release regardless of age of child.
2. A Criminal Justice agency may release information to attorney representing a child if the juvenile court determines;
a. is material to the proceeding
b. is not priveleged under the law
3. Attorney may only use information in the childs defense.
4. If local agencies collects information, the governing body of the agency can adopt policy to notify parent/guardian of child as to possible gang involvement.
Art. 61.05 Unauthorized use or release of criminal information.
1. A person commits an offense if they knowingly;
a. use criminal information for
unauthorized purpose
b. releases information to person
who isn't entitled to it
2. An offense under this article is a Class A Misdemeanor.
Art. 61.06 Removal of Records Relating to an Individual other than a Child.
1. Article doesn't apply to information gathered by TDCJ or TYC.
2. Information must be removed after 3 years if;
a. related to information about
investigation/prosecution of
individual other than child
b. has not been arrested
3. 3 year period doesn't include any time in TDCJ.
Art. 61.08 Right to Request Review of Criminal Information.
1. On written request by the person/guardian that the agency may have collected inaccurate information the agency head/designee shall review information to determine if;
a. reasonable suspicion exist to
believe it is accurate
b. information complies with
2. When agency determines information is accurate or not shall;
a. destroy all records if
b. notify the department and
person that the records were
correct and is entitled to
judicial review
3. On reciept of notice, D.P.S. will destroy records in database.
4. Person committed to TDJC or TYC doesn't have the right to request review.
Art. 61.09 Judicial Review.
1. A person entitled to review may file petition in district court where they reside.
2. District court shall conduct an in-camera review of information to determine if;
a. reasonable suspicion exist that
information is accurate
b. information complies with
3. If court determines information is inaccurate or doesn't comply the court shall;
a. order agency to destroy records
b. noticy D.P.S. of finding and
destruction of records
4. Petitioner may appeal final judgement
5. Information being reviewed is confidential and may not be disclosed.
Art. 61.10 Texas Violent Gang Task Force.
1. Purpose is to form partnership between state, federal and local Law Enforcement to tak proactive stance towards tracking gang activity and the growth and spread of gangs statewide.
2. The task force shall focus its efforts on;
a. developing networking system
for gang information
b. establishing communications
between agencies on gang
membership, activity and
migration trends
c. forming a working group to
discuss specific cases
3. May take any other action to accomplish purpose.
4. D.P.S. shall support task force and coordinate statewide anti-gang initiatives.
5. Task force shall consist of;
a. D.P.S. designee
b. TDJC designee
c. TYC designee
d. Juvenile Probation Commission
e. Criminal Justice Policy
Council designee
f. Attorney General designee
g. 3 local Law Enforcement, Adult
Probation or Juvenile Probation
h. Prosecuting attorney designated
by the governor
Art. 61.11 Gang Resource System.
1. Attorney general shall establish electronic gang resource to system for agencies. The system may include;
a. gang name
b. gang identifiers
c. criminal activities
d. migration trends
e. recruitment activities
f. local Law Enforcement contact
2. Upon request of attorney general, agencies shall attempt to provide gang information.
3. Attorney general shall work with agencies to maintain accuracy of information.
4. Resource system may not contain information on specific peoples identity.
5. Information may be used to investigate gang related crimes but must be corroborated by outside information if used in affidavits, subpoenas or legal proceedings.
6. Access to system limited to Criminal Justice agency personnel and juvenile justice personnel.
7. Information shall be accessible by;
a. municipality or county and gang
8. Attorney general may include information provided by TDCJ.
Art. 61.07 Removal of Records Relating to a Child.
1. Doesn't apply to information collected from TDCJ or TYC.
2. Must be removed after 2 years if;
a. information relates to
b. the child has not been;
1. arrested
2. taken into custody for
delinquent conduct
3. 2 year period doesn't include time;
a. in TYC
b. in TDJC