By: Ogden S.B. No. 1546
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the operation of a crime stoppers organization.
1-2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-3 SECTION 1. Subsection (a), Section 351.901, Local Government
1-4 Code, is amended to read as follows:
1-5 (a) In this section, "crime stoppers organization" means a
1-6 private, nonprofit organization or a public organization that is
1-7 operated on a local or statewide level, that accepts and expends
1-8 donations for rewards to persons who report to the organization
1-9 information about criminal activity, and that forwards the
1-10 information to the appropriate law enforcement agency.
1-11 SECTION 2. Subdivision (2), Section 414.001, Government
1-12 Code, is amended to read as follows:
1-13 (2) "Crime [Local crime] stoppers organization
1-14 [program]" means [the acceptance and spending of donations by] a
1-15 private, nonprofit organization, or a public organization that is
1-16 operated on a local or statewide level, that accepts and expends
1-17 donations for rewards to persons who report [information concerning
1-18 criminal activity] to the organization information about criminal
1-19 activity and that [if the organization:]
1-20 [(A) operates less than statewide; and]
1-21 [(B)] forwards the [reported] information to the
1-22 appropriate law enforcement agency.
1-23 SECTION 3. Subsection (b), Section 414.002, Government Code,
2-1 is amended to read as follows:
2-2 (b) The council consists of five members appointed by the
2-3 governor with the advice and consent of the senate. At least three
2-4 members must be persons who have participated in a [local] crime
2-5 stoppers organization [program].
2-6 SECTION 4. Section 414.005, Government Code, is amended to
2-7 read as follows:
2-8 Sec. 414.005. DUTIES. The council shall:
2-9 (1) advise and assist in the creation of [local] crime
2-10 stoppers organizations [programs];
2-11 (2) foster the detection of crime and encourage
2-12 persons to report information about criminal acts;
2-13 (3) encourage news and other media to promote [local]
2-14 crime stoppers organizations [programs] and to inform the public of
2-15 the functions of the council;
2-16 (4) assist [local] crime stoppers organizations
2-17 [programs] in forwarding information about criminal acts to the
2-18 appropriate law enforcement agencies; and
2-19 (5) help law enforcement agencies detect and combat
2-20 crime by increasing the flow of information to and between law
2-21 enforcement agencies.
2-22 SECTION 5. Subsections (a), (b), and (e), Section 414.008,
2-23 Government Code, are amended to read as follows:
2-24 (a) Evidence of a communication between a person submitting
2-25 a report of a criminal act to the council or a [local] crime
3-1 stoppers organization [program] and the person who accepted the
3-2 report on behalf of the council or organization [local crime
3-3 stoppers program] is not admissible in a court or an administrative
3-4 proceeding.
3-5 (b) Records of the council or a [local] crime stoppers
3-6 organization [program] concerning a report of criminal activity may
3-7 not be compelled to be produced before a court or other tribunal
3-8 except on the motion of a criminal defendant to the court in which
3-9 the offense is being tried that the records or report contains
3-10 evidence that is exculpatory to the defendant in the trial of that
3-11 offense.
3-12 (e) The court shall return to the council or [to the local]
3-13 crime stoppers organization the [program] materials that are
3-14 produced under this section but not disclosed to the defendant.
3-15 The council or [local] crime stoppers organization [program] shall
3-16 store the materials until the conclusion of the criminal trial and
3-17 the expiration of the time for all direct appeals in the case.
3-18 SECTION 6. Subsection (a), Section 414.009, Government Code,
3-19 is amended to read as follows:
3-20 (a) A person who is a member or employee of the council or
3-21 who accepts a report of criminal activity on behalf of a [local]
3-22 crime stoppers organization [program] commits an offense if the
3-23 person intentionally or knowingly divulges to a person not employed
3-24 by a law enforcement agency the content of a report of a criminal
3-25 act or the identity of the person who made the report without the
4-1 consent of the person who made the report.
4-2 SECTION 7. Section 414.010, Government Code, as amended by
4-3 Chapters 321 and 756, Acts of the 74th Legislature, 1995, is
4-4 amended to read as follows:
4-5 Sec. 414.010. PAYMENTS [PAYMENT] FROM DEFENDANTS [DEFENDANT]
4-6 ON COMMUNITY SUPERVISION; REWARD REPAYMENTS. (a) A [local] crime
4-7 stoppers organization [program] certified by the council to receive
4-8 money in the form of payments from defendants placed on community
4-9 supervision under Article 42.12, Code of Criminal Procedure, or
4-10 money in the form of repayments of rewards under Articles 37.073
4-11 and 42.152, Code of Criminal Procedure, may use not more than 10
4-12 percent of the money annually received to pay costs incurred in
4-13 administering the organization [program] and shall [must] use the
4-14 remainder of the money, including any interest earned on the money,
4-15 only to reward persons who report information concerning criminal
4-16 activity. Not later than January 31 [15] of each year, a [local]
4-17 crime stoppers organization [program] that receives or expends
4-18 money under this section shall file a detailed report with the
4-19 council.
4-20 (b) A crime stoppers organization shall establish a separate
4-21 reward account for money received under this section.
4-22 (c) Not later than the 60th day after the date of
4-23 dissolution or decertification of a crime stoppers organization, a
4-24 dissolved or decertified organization shall forward all unexpended
4-25 money received under this section to the comptroller. The
5-1 comptroller shall deposit the money in the crime stoppers
5-2 assistance account in the general revenue fund.
5-3 SECTION 8. Section 414.011, Government Code, is amended to
5-4 read as follows:
5-5 Sec. 414.011. CERTIFICATION OF ORGANIZATIONS [LOCAL
5-6 PROGRAMS] TO RECEIVE PAYMENTS AND REWARD REPAYMENTS. (a) The
5-7 council shall, on application by a [local] crime stoppers
5-8 organization [program], determine whether the organization [a local
5-9 crime stoppers program] is qualified to receive repayments of
5-10 rewards under Articles 37.073 [37.072] and 42.152 [42.151], Code of
5-11 Criminal Procedure, or payments from a defendant [probationer]
5-12 under Article 42.12, Code of Criminal Procedure. The council shall
5-13 certify a [local] crime stoppers organization [program] to receive
5-14 those repayments or payments if, considering the organization,
5-15 continuity, leadership, community support, and general conduct of
5-16 the crime stoppers organization [program], the council determines
5-17 that the repayments or payments will be spent to further the crime
5-18 prevention purposes of the organization [program].
5-19 (b) Each [local] crime stoppers organization [program]
5-20 certified by the council to receive repayments under Articles
5-21 37.073 [37.072] and 42.152 [42.151], Code of Criminal Procedure, or
5-22 payments from a defendant [probationer] under Article 42.12, Code
5-23 of Criminal Procedure, is subject to an annual audit by an
5-24 independent accounting firm and must submit the audit to the
5-25 council for review.
6-1 (c) The council may approve a [local] crime stoppers
6-2 organization [program] for purposes of Subsection (a) of this
6-3 section even if a judge has not requested a determination for that
6-4 organization [program] and may maintain a current list of
6-5 organizations [local programs] approved for that purpose.
6-6 [(d) A local crime stoppers program certified by the council
6-7 to receive repayments under this section may use not more than 10
6-8 percent of that money annually received to pay costs incurred in
6-9 administering the program and must use the remainder of that money
6-10 only to reward persons who report information on criminal activity
6-11 that leads to a defendant being indicted for or charged by
6-12 information with a felony offense.]
6-13 SECTION 9. Section 414.012, Government Code, is amended to
6-14 read as follows:
6-15 Sec. 414.012. TOLL-FREE TELEPHONE SERVICE. The council
6-16 shall establish and operate a toll-free telephone service and make
6-17 the service accessible to persons residing in areas of the state
6-18 not served by a [local] crime stoppers organization [program] for
6-19 reporting to the council information about criminal acts. The
6-20 toll-free service must be available between the hours of 5 p.m. and
6-21 8 a.m. Monday through Thursday and from 5 p.m. Friday until 8 a.m.
6-22 Monday. The council shall forward the information received to
6-23 appropriate law enforcement agencies or [local] crime stoppers
6-24 organization [program].
6-25 SECTION 10. Article 37.073, Code of Criminal Procedure, is
7-1 amended to read as follows:
7-2 Art. 37.073. REPAYMENT OF REWARDS. (a) After a defendant
7-3 has been convicted of a felony offense, the judge may order a
7-4 defendant to repay all or part of a reward paid by a [local] crime
7-5 stoppers organization [program].
7-6 (b) In determining whether the defendant must repay the
7-7 reward or part of the reward, the court shall consider:
7-8 (1) the ability of the defendant to make the payment
7-9 and the financial hardship on the defendant to make the required
7-10 payment; and
7-11 (2) the importance of the information to the
7-12 prosecution of the defendant as provided by the arresting officer
7-13 or the attorney for the state with due regard for the
7-14 confidentiality of the [local] crime stoppers organization
7-15 [program] records.
7-16 (c) In this article, "[local] crime stoppers organization
7-17 [program]" means a [local] crime stoppers organization, as defined
7-18 by Subdivision (2), Section 414.001, Government Code, that is
7-19 approved by the Crime Stoppers Advisory Council to receive payments
7-20 of rewards under this article and Article 42.152 [42.151] of this
7-21 code.
7-22 SECTION 11. Subsection (a), Section 11, Article 42.12, Code
7-23 of Criminal Procedure, as amended by Chapters 76, 258, 318, and
7-24 595, Acts of the 74th Legislature, 1995, is amended to read as
7-25 follows:
8-1 (a) The judge of the court having jurisdiction of the case
8-2 shall determine the conditions of community supervision and may, at
8-3 any time, during the period of community supervision alter or
8-4 modify the conditions. The judge may impose any reasonable
8-5 condition that is designed to protect or restore the community,
8-6 protect or restore the victim, or punish, rehabilitate, or reform
8-7 the defendant. Conditions of community supervision may include,
8-8 but shall not be limited to, the conditions that the defendant
8-9 shall:
8-10 (1) Commit no offense against the laws of this State
8-11 or of any other State or of the United States;
8-12 (2) Avoid injurious or vicious habits;
8-13 (3) Avoid persons or places of disreputable or harmful
8-14 character;
8-15 (4) Report to the supervision officer as directed by
8-16 the judge or supervision officer and obey all rules and regulations
8-17 of the community supervision and corrections department;
8-18 (5) Permit the supervision officer to visit him at his
8-19 home or elsewhere;
8-20 (6) Work faithfully at suitable employment as far as
8-21 possible;
8-22 (7) Remain within a specified place;
8-23 (8) Pay his fine, if one be assessed, and all court
8-24 costs whether a fine be assessed or not, in one or several sums;
8-25 (9) Support his dependents;
9-1 (10) Participate, for a time specified by the judge in
9-2 any community-based program, including a community-service work
9-3 program under Section 16 of this article;
9-4 (11) Reimburse the county in which the prosecution was
9-5 instituted for compensation paid to appointed counsel for defending
9-6 him in the case, if counsel was appointed, or if he was represented
9-7 by a county-paid public defender, in an amount that would have been
9-8 paid to an appointed attorney had the county not had a public
9-9 defender;
9-10 (12) Remain under custodial supervision in a community
9-11 corrections facility, obey all rules and regulations of such
9-12 facility, and pay a percentage of his income to the facility for
9-13 room and board;
9-14 (13) Pay a percentage of his income to his dependents
9-15 for their support while under custodial supervision in a community
9-16 corrections facility;
9-17 (14) Submit to testing for alcohol or controlled
9-18 substances;
9-19 (15) Attend counseling sessions for substance abusers
9-20 or participate in substance abuse treatment services in a program
9-21 or facility approved or licensed by the Texas Commission on Alcohol
9-22 and Drug Abuse;
9-23 (16) With the consent of the victim of a misdemeanor
9-24 offense or of any offense under Title 7, Penal Code, participate in
9-25 victim-defendant mediation;
10-1 (17) Submit to electronic monitoring;
10-2 (18) Reimburse the general revenue fund for any
10-3 amounts paid from that fund to a victim, as defined by Article
10-4 56.01 of this code, of the defendant's offense or if no
10-5 reimbursement is required, make one payment to the fund in an
10-6 amount not to exceed $50 if the offense is a misdemeanor or not to
10-7 exceed $100 if the offense is a felony;
10-8 (19) Reimburse a law enforcement agency for the
10-9 analysis, storage, or disposal of raw materials, controlled
10-10 substances, chemical precursors, drug paraphernalia, or other
10-11 materials seized in connection with the offense;
10-12 (20) Pay all or part of the reasonable and necessary
10-13 costs incurred by the victim for psychological counseling made
10-14 necessary by the offense or for counseling and education relating
10-15 to acquired immune deficiency syndrome or human immunodeficiency
10-16 virus made necessary by the offense;
10-17 (21) Make one payment in an amount not to exceed $50
10-18 to a [local] crime stoppers organization [program] as defined by
10-19 Section 414.001, Government Code, and as certified by the Crime
10-20 Stoppers Advisory Council; and
10-21 (22) [(23)] Submit a blood sample or other specimen to
10-22 the Department of Public Safety under Subchapter G, Chapter 411,
10-23 Government Code, for the purpose of creating a DNA record of the
10-24 defendant.
10-25 SECTION 12. Article 42.152, Code of Criminal Procedure, is
11-1 amended to read as follows:
11-2 Art. 42.152. REPAYMENT OF REWARD. (a) If a judge orders a
11-3 defendant to repay a reward or part of a reward under Article
11-4 37.073 [37.072] of this code, the court shall assess this cost
11-5 against the defendant in the same manner as other costs of
11-6 prosecution are assessed against a defendant. The court may order
11-7 the defendant to:
11-8 (1) pay the entire amount required when sentence is
11-9 pronounced;
11-10 (2) pay the entire amount required at a later date
11-11 specified by the court; or
11-12 (3) pay specified portions of the required amount at
11-13 designated intervals.
11-14 (b) After receiving a payment from a person ordered to make
11-15 the payment under this article, the clerk of the court or fee
11-16 officer shall:
11-17 (1) make a record of the payment;
11-18 (2) deduct a one-time $7 processing fee from the
11-19 reward repayment;
11-20 (3) forward the payment to the designated [local]
11-21 crime stoppers organization [program]; and
11-22 (4) make a record of the forwarding of the payment.
11-23 SECTION 13. Subsections (g) and (i), Article 102.013, Code
11-24 of Criminal Procedure, are amended to read as follows:
11-25 (g) The legislature shall appropriate funds from the crime
12-1 stoppers assistance account to the Criminal Justice Division of the
12-2 Governor's Office. The Criminal Justice Division may use 10
12-3 percent of the funds for the operation of the toll-free telephone
12-4 service under Section 414.012, Government Code, and shall
12-5 distribute the remainder of the funds only to [local] crime
12-6 stoppers organizations [programs]. The Criminal Justice Division
12-7 may adopt a budget and rules to implement the distribution of these
12-8 funds.
12-9 (i) In this article, "[local] crime stoppers organization
12-10 [program]" has the meaning assigned by Section 414.001, Government
12-11 Code.
12-12 SECTION 14. This Act takes effect September 1, 1997.
12-13 SECTION 15. The importance of this legislation and the
12-14 crowded condition of the calendars in both houses create an
12-15 emergency and an imperative public necessity that the
12-16 constitutional rule requiring bills to be read on three several
12-17 days in each house be suspended, and this rule is hereby suspended.