SRC-CDH C.S.S.B. 1546 75(R)BILL ANALYSIS


Senate Research CenterC.S.S.B. 1546
By: Ogden
Criminal Justice
4-16-97
Committee Report (Substituted)


DIGEST 

Currently, the Crime Stoppers Advisory Council (council) certifies,
advises, and assists in the creation of crime stoppers organizations.
Certified crime stoppers organizations may receive payments from
defendants on community supervision and reward repayments.  Local crime
stopper programs may use up to 10 percent of this money for program
administration, and must use the remainder as rewards for persons who
provide information leading to the arrests of criminals. Problems have
arisen because some crime stoppers organizations have accumulated a
significant balance of unused reward money.  At least 12 jurisdictions
have leftover accounts in excess of $30,000, and at least one has an
account in excess of $800,000.  Current law does not address several
potential concerns relating to these accounts.  This legislation would
require crime stoppers organizations to maintain separate reward accounts
for funds received from defendants and those received from private
donations, and would require that interest earned on funds received from
defendants be used only to pay rewards.  C.S.S.B. 1546 would also clarify
how funds held by a dissolved or decertified organization are to be
handled.      

PURPOSE

As proposed, C.S.S.B. 1546 establishes the operation of a crime stoppers
organization. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 351.901(a), Local Government Code, to define
"crime stoppers organization." 

SECTION 2. Amends Section 414.001(2), Government Code, to delete the
definition of "local crime stoppers program" and add a definition for
"crime stoppers organization." 

SECTION 3. Amends Section 414.002(b), Government Code, to require at least
three members of the Crime Stoppers Advisory Council (council) to be
persons who have participated in a crime stoppers organization, rather
than in a local crime stoppers program.   

SECTION 4. Amends Section 414.005, Government Code, to make conforming
changes. 

SECTION 5. Amends Sections 414.008(a), (b), and (e), Government Code, to
make conforming changes. 

SECTION 6. Amends Section 414.009(a), Government Code, to make a
conforming change. 

SECTION 7. Amends Section 414.010, Government Code, as amended by Chapters
321 and 756, Acts of the 74th Legislature, Regular Session, 1995, as
follows: 

Sec. 414.010.  New heading:  PAYMENTS FROM DEFENDANTS ON COMMUNITY
SUPERVISION; REWARD REPAYMENTS.  Prohibits a crime stoppers organization
certified by the council to receive money in the form of payments from
certain defendants  or repayments of rewards under Articles 37.073 and
42.152, Code of Criminal Procedure, from using more than a certain amount
to pay costs incurred in administering the organization, and shall use the
remainder of the money, including any interest earned on the money, only
for certain purposes.  Requires a crime stoppers organization that
receives or expends money to file a report by a certain date.  Requires a
crime stoppers organization to establish a separate reward account for
money received under this section.   Sets forth requirements for dissolved
or decertified crime stoppers organizations. 

SECTION 8. Amends Section 414.011, Government Code, as follows:

Sec. 414.011.  New heading:  CERTIFICATION OF ORGANIZATIONS TO RECEIVE
PAYMENTS AND REWARD REPAYMENTS.  Requires the council, on application by
an organization, to determine whether the organization is qualified to
receive repayments of rewards or payments from a defendant, rather than
probationer.  Deletes the previous provisions regarding repayments to
organizations.  Makes conforming changes.    

SECTION 9. Amends Section 414.012, Government Code, to make conforming
changes. 

SECTION 10. Amends Article 37.073, Code of Criminal Procedure, to make
conforming changes. 

SECTION 11. Amends Section 11(a), Article 42.12, Code of Criminal
Procedure, as amended by Chapters 76, 258, 318, and 595, Acts of the 74th
Legislature, Regular Session, 1995, to make conforming changes. 

SECTION 12. Amends Article 42.152, Code of Criminal Procedure, to make
conforming changes. 

SECTION 13. Amends Articles 102.013(g) and (i), Code of Criminal
Procedure, to make conforming changes. 

SECTION 14. Effective date:  September 1, 1997.

SECTION 15. Emergency clause.  

SUMMARY OF COMMITTEE CHANGES

Amends the relating clause to establish the operation of a crime stoppers
organization, and delete the reference to reward funds. 

Makes technical corrections.

SECTION 3.

Adds Section 414.002(b), Government Code, to make a conforming change.

SECTION 7.

Amends Section 414.010, Government Code, to change the section heading.
Amends the terms by which an organization is prohibited from using more
than a certain amount of money received annually from payments and
repayments of rewards to pay administrative costs, and shall use the
remainder, including interest earned, to reward certain persons. Deletes
the provisions regarding limitation of the size of the crime stoppers
organizations' reward accounts.  Changes the provisions regarding
dissolved or decertified organizations' remaining funds.   

SECTION 8.

Amends Section 414.011, Government Code, to replace all references to
"program" with "organization," and all references to "probationer" with
"defendant."   

 SECTION 14.

Changes the effective date from "upon passage" to "September 1, 1997."