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
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