GANG DATABASES-USE-EVIDENCE

Session: 103rd General Assembly
Year: 2023
Bill #: HB3322
Category: Public Safety and Law Enforcement
Position: No position
Mandate? Yes
Revenue Loss?
Authority Preemption?

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Summary as Introduced

Creates the Law Enforcement Gang Database Information Act. Defines terms. Provides requirements for the use of gang databases and shared gang databases. Amends the Code of Criminal Procedure of 1963. Provides that in all criminal cases, evidence which indicates the mere presence that the person was or is on a gang database or a shared gang database is not admissible. Effective immediately.

Staff Analysis

Creates the Law Enforcement Gang Database Information Act. Defines terms. Provides requirements for the use of gang databases and shared gang databases. Amends the Code of Criminal Procedure of 1963. Provides that in all criminal cases, evidence which indicates the mere presence that the person was or is on a gang database or a shared gang database is not admissible. Effective immediately. House Amendment 1: Deletes from the definition of "gang database", data maintained in multiple databases. Provides that law enforcement agency policy about gang databases must be implemented on or before January 1, 2024 (rather than July 1, 2023).



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