Enrolled Bill Summary

            House Bill 1036 amends provisions of the Government Code relating to the confidentiality of certain reports of criminal activity. The bill provides that a plaintiff in a civil case, in certain circumstances, may file a motion with the court for the records of the Crime Stoppers Advisory Council (council) or a crime stoppers organization concerning a report of criminal activity by claiming that the denial of the records would abrogate any part of the plaintiff's cause of action. The plaintiff must have been charged with or convicted of a criminal offense based at least partially on the crime report and either the charges were dismissed, the plaintiff was acquitted, or the conviction was overturned. The plaintiff must also establish a prima facie case that the plaintiff's claim is based on injuries from the criminal charge or conviction caused by the wrongful acts of another performed in connection with the report. If the court finds that the materials contain information necessary to the plaintiff, the court is required to present the evidence under certain conditions. The bill requires the council or crime stoppers organization to store the material not disclosed to the plaintiff for a certain time period.

            House Bill 1036 provides immunity from civil liability to a person who communicates to the council or a crime stoppers organization a report of criminal activity and to a person who, in the course and scope of the person's duties and function, receives, forwards, or acts on a report of criminal activity that leads to the arrest of, the filing of charges against, or the conviction of a person, unless the communication was intentionally, wilfully, or wantonly negligent or made with conscious indifference or reckless disregard for the safety of others.