S.B. No. 475
AN ACT
1-1 relating to the availability to a defendant of certain materials
1-2 obtained through a crime stoppers advisory program or a local crime
1-3 stoppers program and to the certification of local crime stoppers
1-4 programs to receive certain payments from defendants.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 414.008, Government Code, is amended by
1-7 amending Subsection (b) and adding Subsections (c), (d), and (e) to
1-8 read as follows:
1-9 (b) Records of the council or a local crime stoppers program
1-10 concerning a report of criminal activity may not be compelled to be
1-11 produced before a court or other tribunal except on the motion of a
1-12 criminal defendant to the court in which the offense is being tried
1-13 that the records or report contains evidence that is exculpatory
1-14 to the defendant in the trial of that offense <order of the supreme
1-15 court>.
1-16 (c) On motion of a defendant under Subsection (b), the court
1-17 may subpoena the records or report. The court shall conduct an in
1-18 camera inspection of materials produced under subpoena to determine
1-19 whether the materials contain evidence that is exculpatory to the
1-20 defendant.
1-21 (d) If the court determines that the materials produced
1-22 contain evidence that is exculpatory to the defendant, the court
1-23 shall present the evidence to the defendant in a form that does not
2-1 disclose the identity of the person who was the source of the
2-2 evidence, unless the state or federal constitution requires the
2-3 disclosure of that person's identity. The court shall execute an
2-4 affidavit accompanying the disclosed materials swearing that, in
2-5 the opinion of the court, the materials disclosed represent the
2-6 exculpatory evidence the defendant is entitled to receive under
2-7 this section.
2-8 (e) The court shall return to the council or to the local
2-9 crime stoppers program materials that are produced under this
2-10 section but not disclosed to the defendant. The council or local
2-11 crime stoppers program shall store the materials until the
2-12 conclusion of the criminal trial and the expiration of the time for
2-13 all direct appeals in the case.
2-14 SECTION 2. Subsections (a) and (b), Section 414.011,
2-15 Government Code, are amended to read as follows:
2-16 (a) The council shall, on application by a local crime
2-17 stoppers program <at the request of a judge>, determine whether a
2-18 local crime stoppers program is qualified to receive repayments of
2-19 rewards under Articles 37.072 and 42.151, Code of Criminal
2-20 Procedure, or payments from a probationer under Article 42.12, Code
2-21 of Criminal Procedure. The council shall certify <approve> a local
2-22 crime stoppers program to receive those repayments or payments if,
2-23 considering the organization, continuity, leadership, community
2-24 support, and general conduct of the program, the council determines
2-25 that the repayments or payments will be spent to further the crime
3-1 prevention purposes of the program.
3-2 (b) Each local crime stoppers program certified by the
3-3 council to receive repayments under Articles 37.072 and 42.151,
3-4 Code of Criminal Procedure, or payments from a probationer under
3-5 Article 42.12, Code of Criminal Procedure, is subject to an annual
3-6 audit by an independent accounting firm and must submit the audit
3-7 to the council for review.
3-8 SECTION 3. This Act takes effect September 1, 1993.
3-9 SECTION 4. The importance of this legislation and the
3-10 crowded condition of the calendars in both houses create an
3-11 emergency and an imperative public necessity that the
3-12 constitutional rule requiring bills to be read on three several
3-13 days in each house be suspended, and this rule is hereby suspended.