(b) Subject to Subsection (c), information collected under this chapter 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 if:
(1) the information 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.
(c) The five-year period described by Subsection (b) does not include any period during which the individual who is the subject of the information is:
(1) confined in a correctional facility operated by or under contract with the Texas Department of Criminal Justice;
(2) committed to a secure correctional facility, as defined by Section 51.02, Family Code, operated by or under contract with the Texas Juvenile Justice Department; or
(3) confined in a county jail or confined in or committed to a facility operated by a juvenile board in lieu of being confined in a correctional facility described by Subdivision (1) or committed to a secure correctional facility described by Subdivision (2).
Added by Acts 2017, 85th Leg., R.S., Ch. 1058 (H.B. 2931), Sec. 1.04, eff. January 1, 2019.
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