By: Ogden S.B. No. 1546
Line and page numbers may not match official copy.
Bill not drafted by TLC or Senate E&E.
A BILL TO BE ENTITLED
AN ACT
1-1 relating to crime stoppers organizations and their reward funds.
1-2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-3 SECTION 1. Chapter Z, Subsection 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, non-profit 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. Section 414.001 (2), Government Code, is amended
1-12 to read as follows:
1-13 (2) ["Local crime stoppers program" means the
1-14 acceptance and spending of donations by a private, nonprofit
1-15 organization for rewards to persons who report information
1-16 concerning criminal activity to the organization if the
1-17 organization:]
1-18 [(A) operates less than statewide; and]
1-19 [(B) forwards reported information to the
1-20 appropriate law enforcement agency.]
1-21 "Crime stoppers organization" means a private, non-profit
2-1 organization, or a public organization, that is operated on a local
2-2 or statewide level, that accepts and expends donations for rewards
2-3 to persons who report to the organization information about
2-4 criminal activity, and that forwards the information to the
2-5 appropriate law enforcement agency.
2-6 SECTION 3. Section 414.005, Government Code, is amended to
2-7 read as follows:
2-8 (1) advise and assist in the creation of [local crime
2-9 stoppers programs] crime stoppers organizations;
2-10 (3) encourage news and other media to promote [local
2-11 crime stoppers programs] crime stoppers organizations and to inform
2-12 the public of the functions of the council;
2-13 (4) assist [local crime stoppers programs] crime
2-14 stoppers organizations in forwarding information about criminal
2-15 acts to the appropriate law enforcement agencies; and
2-16 SECTION 4. Section 414.008, Government Code, is amended to
2-17 read as follows:
2-18 (a) Evidence of a communication between a person submitting
2-19 a report of a criminal act to the council or a [local crime
2-20 stoppers program] crime stoppers organization and the person who
2-21 accepted the report on behalf of the council or [local crime
2-22 stoppers program] crime stopper organization is not admissible in a
2-23 court or an administrative proceeding.
2-24 (b) Records of the council or a [local crime stoppers
2-25 program] crime stoppers organization concerning a report of
3-1 criminal activity may not be compelled to be produced before a
3-2 court or other tribunal except on the motion of a criminal
3-3 defendant to the court in which the offense is being tried that the
3-4 records or report contains evidence that is exculpatory to the
3-5 defendant in the trial of that offense.
3-6 (e) The court shall return to the council or to the [local
3-7 crime stoppers program] crime stoppers organizations the materials
3-8 that are produced under this section but not disclosed to the
3-9 defendant. The council or [local crime stoppers program] crime
3-10 stoppers organization shall store the materials until the
3-11 conclusion of the criminal trial and the expiration of the time for
3-12 all direct appeals in the case.
3-13 SECTION 5. Section 414.009, Government Code, is amended to
3-14 read as follows:
3-15 (a) A person who is a member or employee of the council or
3-16 who accepts a report of criminal activity on behalf of a [local
3-17 crime stoppers program] crime stoppers organization commits an
3-18 offense if the person intentionally or knowingly divulges to a
3-19 person not employed by a law enforcement agency the content of a
3-20 report of a criminal act or the identity of the person who made the
3-21 report without the consent of the person who made the report.
3-22 SECTION 6. Section 414.010, Government Code, is amended to
3-23 read as follows:
3-24 Payments From Defendants on Community Supervision and Reward
3-25 Repayments
4-1 (a) A [local crime stoppers program] crime stoppers
4-2 organization certified by the council to receive money in the form
4-3 of payments from defendants placed on community supervision under
4-4 Article 42.12, Code of Criminal Procedure, or repayment of rewards
4-5 under Articles [37.072] 37.073 and [42.151] 42.152, Code of
4-6 Criminal Procedure, may use not more than 10 percent of the money
4-7 annually received to pay costs incurred in administering the
4-8 program and must use the remainder of the money only to reward
4-9 persons who report information concerning criminal activity.
4-10 Organizations must establish a separate reward account for money
4-11 received under this section. Any interest earned on these funds
4-12 must be used only to reward persons who report information
4-13 concerning criminal activity. Not later than January [15] 31 of
4-14 each year, a [local crime stoppers program] crime stoppers
4-15 organization that receives or expends money under this section
4-16 shall file a detailed report with the council.
4-17 (b) The council may promulgate rules limiting the size of
4-18 crime stoppers organizations' reward accounts. Funds received by
4-19 organizations in excess of the limits established by the council
4-20 shall be paid to the council for deposit into the crime stoppers
4-21 assistance account in the General Revenue Fund. The council may
4-22 use funds from the crime stoppers assistance account to supplement
4-23 the reward accounts of crime stoppers organizations.
4-24 (c) Dissolved or decertified crime stoppers organizations
4-25 must pay all remaining funds received under this section to the
5-1 council for deposit into the crime stoppers assistance account in
5-2 the General Revenue Fund within sixty days of the date of
5-3 dissolution or decertification.
5-4 SECTION 7. Section 414.011, Government Code, is amended to
5-5 read as follows:
5-6 Certification of [Local Programs]Organizations to Receive Payments
5-7 and Reward Repayments
5-8 (a) The council shall, on application by a [local crime
5-9 stoppers program] crime stoppers organization, determine whether [a
5-10 local crime stoppers program] the organization is qualified to
5-11 receive repayments of rewards under Articles [37.072] 37.073 and
5-12 [42.151] 42.152, Code of Criminal Procedure, or payments from a
5-13 probationer under Article 42.12, Code of Criminal Procedure. The
5-14 council shall certify a [local crime stoppers program] crime
5-15 stoppers organization to receive those repayments or payments if,
5-16 considering the organization, continuity, leadership, community
5-17 support, and general conduct of the program, the council determines
5-18 that the repayments or payments will be spent to further the crime
5-19 prevention purposes of the program.
5-20 [(d) A crime stoppers-organization certified by the council
5-21 to receive repayments under this section may use not more than 10
5-22 percent of that money annually received to pay costs incurred in
5-23 administering the program and must use the remainder of that money
5-24 only to reward persons who report information on criminal activity
5-25 that leads to a defendant being indicted for or charged by
6-1 information with a felony offense.]
6-2 SECTION 8. Section 414.012, Government Code, is amended to
6-3 read as follows:
6-4 The council shall establish and operate a toll-free telephone
6-5 service and make the service accessible to persons residing in
6-6 areas of the state not served by a local [crime stoppers program]
6-7 crime stoppers organization for reporting to the council
6-8 information about criminal acts. The toll-free service must be
6-9 available between the hours of 5 p.m. and 8 a.m. Monday through
6-10 Thursday and from 5 p.m. Friday until 8 a.m. Monday. The council
6-11 shall forward the information received to appropriate law
6-12 enforcement agencies or [local crime stoppers program] crime
6-13 stoppers organizations.
6-14 SECTION 9. Article 37.073, Code of Criminal Procedure, is
6-15 amended to read as follows:
6-16 (a) After a defendant has been convicted of a felony
6-17 offense, the judge may order a defendant to repay all or part of a
6-18 reward paid by a [local crime stoppers program] crime stoppers
6-19 organization.
6-20 (b) (2) the importance of the information to the prosecution
6-21 of the defendant as provided by the arresting officer or the
6-22 attorney for the state with due regard for the confidentiality of
6-23 the [local crime stoppers program] crime stoppers organization
6-24 records.
6-25 (c) In this article, ["local crime stoppers program"] "crime
7-1 stoppers organization" [means a local crime stoppers organization]
7-2 has the meaning [as defined] assigned by Subdivision (2), Section
7-3 414.001, Government Code, that is approved by the Crime Stoppers
7-4 Advisory Council to receive payments of rewards under this article
7-5 and Article [42.151] 42.152 of this code.
7-6 SECTION 10. Article 42.12, Section 11, Code of Criminal
7-7 Procedure, is amended to read as follows:
7-8 (a) (22) Make one payment in an amount not to exceed $50 to
7-9 a [local crime stoppers program] crime stoppers organization as
7-10 defined by Section 414.001, Government Code, and as certified by
7-11 the Crime Stoppers Advisory Council.
7-12 SECTION 11. Article 42.152, Code of Criminal Procedure, is
7-13 amended to read as follows:
7-14 (a) If a judge orders a defendant to repay a reward or part
7-15 of a reward under Article [37.072] 37.073 of this code, the court
7-16 shall assess this cost against the defendant in the same manner as
7-17 other costs of prosecution are assessed against a defendant. The
7-18 court may order the defendant to:
7-19 (b) (3) forward the payment to the designated [local crime
7-20 stoppers program] crime stoppers organization; and
7-21 SECTION 12. Article 102.013, Code of Criminal Procedure, is
7-22 amended to read as follows:
7-23 (g) The legislature shall appropriate funds from the crime
7-24 stoppers assistance account to the Criminal Justice Division of the
7-25 Governor's Office. The Criminal Justice Division may use 10
8-1 percent of the funds for the operation of the toll-free telephone
8-2 service under Section 414.012, Government Code, and shall
8-3 distribute the remainder of the funds only to [local crime stoppers
8-4 programs] crime stoppers organizations. The Criminal Justice
8-5 Division may adopt a budget and rules to implement the distribution
8-6 of these funds.
8-7 (i) In this article, ["local crime stoppers program"] "crime
8-8 stoppers organization" has the meaning assigned by Section 414.001,
8-9 Government Code.
8-10 SECTION 13. The importance of this legislation and the
8-11 crowded condition of the calendars in both houses create an
8-12 emergency and an imperative public necessity that the
8-13 constitutional rule requiring bills to be read on three several
8-14 days in each house be suspended, and this rule is hereby suspended,
8-15 and that this Act take effect and be in force from and after its
8-16 passage, and it is so enacted.