Texas Code of Criminal Procedure - Article 61.02. Criminal Combination And Criminal Street Gang Intelligence Database; Submission Criteria

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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.

Last modified: August 10, 2007