1-1 By: Henderson S.B. No. 475
1-2 (In the Senate - Filed February 24, 1993; February 25, 1993,
1-3 read first time and referred to Committee on Jurisprudence;
1-4 March 16, 1993, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 7, Nays 0; March 16, 1993,
1-6 sent to printer.)
1-7 COMMITTEE VOTE
1-8 Yea Nay PNV Absent
1-9 Henderson x
1-10 Harris of Tarrant x
1-11 Brown x
1-12 Harris of Dallas x
1-13 Luna x
1-14 Parker x
1-15 West x
1-16 COMMITTEE SUBSTITUTE FOR S.B. No. 475 By: Henderson
1-17 A BILL TO BE ENTITLED
1-18 AN ACT
1-19 relating to the availability to a defendant of certain materials
1-20 obtained through a crime stoppers advisory program or a local crime
1-21 stoppers program and to the certification of local crime stoppers
1-22 programs to receive certain payments from defendants.
1-23 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-24 SECTION 1. Section 414.008, Government Code, is amended by
1-25 amending Subsection (b) and adding Subsections (c), (d), and (e) to
1-26 read as follows:
1-27 (b) Records of the council or a local crime stoppers program
1-28 concerning a report of criminal activity may not be compelled to be
1-29 produced before a court or other tribunal except on the motion of a
1-30 criminal defendant to the court in which the offense is being tried
1-31 that the records or report contains evidence that is exculpatory
1-32 to the defendant in the trial of that offense <order of the supreme
1-33 court>.
1-34 (c) On motion of a defendant under Subsection (b), the court
1-35 may subpoena the records or report. The court shall conduct an in
1-36 camera inspection of materials produced under subpoena to determine
1-37 whether the materials contain evidence that is exculpatory to the
1-38 defendant.
1-39 (d) If the court determines that the materials produced
1-40 contain evidence that is exculpatory to the defendant, the court
1-41 shall present the evidence to the defendant in a form that does not
1-42 disclose the identity of the person who was the source of the
1-43 evidence, unless the state or federal constitution requires the
1-44 disclosure of that person's identity. The court shall execute an
1-45 affidavit accompanying the disclosed materials swearing that, in
1-46 the opinion of the court, the materials disclosed represent the
1-47 exculpatory evidence the defendant is entitled to receive under
1-48 this section.
1-49 (e) The court shall return to the council or to the local
1-50 crime stoppers program materials that are produced under this
1-51 section but not disclosed to the defendant. The council or local
1-52 crime stoppers program shall store the materials until the
1-53 conclusion of the criminal trial and the expiration of the time for
1-54 all direct appeals in the case.
1-55 SECTION 2. Subsections (a) and (b), Section 414.011,
1-56 Government Code, are amended to read as follows:
1-57 (a) The council shall, on application by a local crime
1-58 stoppers program <at the request of a judge>, determine whether a
1-59 local crime stoppers program is qualified to receive repayments of
1-60 rewards under Articles 37.072 and 42.151, Code of Criminal
1-61 Procedure, or payments from a probationer under Article 42.12, Code
1-62 of Criminal Procedure. The council shall certify <approve> a local
1-63 crime stoppers program to receive those repayments or payments if,
1-64 considering the organization, continuity, leadership, community
1-65 support, and general conduct of the program, the council determines
1-66 that the repayments or payments will be spent to further the crime
1-67 prevention purposes of the program.
1-68 (b) Each local crime stoppers program certified by the
2-1 council to receive repayments under Articles 37.072 and 42.151,
2-2 Code of Criminal Procedure, or payments from a probationer under
2-3 Article 42.12, Code of Criminal Procedure, is subject to an annual
2-4 audit by an independent accounting firm and must submit the audit
2-5 to the council for review.
2-6 SECTION 3. This Act takes effect September 1, 1993.
2-7 SECTION 4. The importance of this legislation and the
2-8 crowded condition of the calendars in both houses create an
2-9 emergency and an imperative public necessity that the
2-10 constitutional rule requiring bills to be read on three several
2-11 days in each house be suspended, and this rule is hereby suspended.
2-12 * * * * *
2-13 Austin,
2-14 Texas
2-15 March 16, 1993
2-16 Hon. Bob Bullock
2-17 President of the Senate
2-18 Sir:
2-19 We, your Committee on Jurisprudence to which was referred S.B. No.
2-20 475, have had the same under consideration, and I am instructed to
2-21 report it back to the Senate with the recommendation that it do not
2-22 pass, but that the Committee Substitute adopted in lieu thereof do
2-23 pass and be printed.
2-24 Henderson,
2-25 Chairman
2-26 * * * * *
2-27 WITNESSES
2-28 FOR AGAINST ON
2-29 ___________________________________________________________________
2-30 Name: David M. Cobos x
2-31 Representing: Tx Crime Stoppers
2-32 City: Austin
2-33 -------------------------------------------------------------------