1-1     By:  Ogden                                            S.B. No. 1546

 1-2           (In the Senate - Filed March 14, 1997; March 20, 1997, read

 1-3     first time and referred to Committee on Criminal Justice;

 1-4     April 17, 1997, reported adversely, with favorable Committee

 1-5     Substitute by the following vote:  Yeas 6, Nays 0; April 17, 1997,

 1-6     sent to printer.)

 1-7     COMMITTEE SUBSTITUTE FOR S.B. No. 1546                  By:  Nelson

 1-8                            A BILL TO BE ENTITLED

 1-9                                   AN ACT

1-10     relating to the operation of a crime stoppers organization.

1-11           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-12           SECTION 1.  Subsection (a), Section 351.901, Local Government

1-13     Code, is amended to read as follows:

1-14           (a)  In this section, "crime stoppers organization" means 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 to the organization

1-18     information about criminal activity, and that forwards the

1-19     information to the appropriate law enforcement agency.

1-20           SECTION 2.  Subdivision (2), Section 414.001, Government

1-21     Code, is amended to read as follows:

1-22                 (2)  "Crime [Local crime] stoppers organization

1-23     [program]" means [the acceptance and spending of donations by] a

1-24     private, nonprofit organization, or a public organization that is

1-25     operated on a local or statewide level, that accepts and expends

1-26     donations for rewards to persons who report [information concerning

1-27     criminal activity] to the organization information about criminal

1-28     activity and that [if the organization:]

1-29                       [(A)  operates less than statewide; and]

1-30                       [(B)]  forwards the [reported] information to the

1-31     appropriate law enforcement agency.

1-32           SECTION 3.  Subsection (b), Section 414.002, Government Code,

1-33     is amended to read as follows:

1-34           (b)  The council consists of five members appointed by the

1-35     governor with the advice and consent of the senate.  At least three

1-36     members must be persons who have participated in a [local] crime

1-37     stoppers organization [program].

1-38           SECTION 4.  Section 414.005, Government Code, is amended to

1-39     read as follows:

1-40           Sec. 414.005.  DUTIES.  The council shall:

1-41                 (1)  advise and assist in the creation of [local] crime

1-42     stoppers organizations [programs];

1-43                 (2)  foster the detection of crime and encourage

1-44     persons to report information about criminal acts;

1-45                 (3)  encourage news and other media to promote [local]

1-46     crime stoppers organizations [programs] and to inform the public of

1-47     the functions of the council;

1-48                 (4)  assist [local] crime stoppers organizations

1-49     [programs] in forwarding information about criminal acts to the

1-50     appropriate law enforcement agencies; and

1-51                 (5)  help law enforcement agencies detect and combat

1-52     crime by increasing the flow of information to and between law

1-53     enforcement agencies.

1-54           SECTION 5.  Subsections (a), (b), and (e), Section 414.008,

1-55     Government Code, are amended to read as follows:

1-56           (a)  Evidence of a communication between a person submitting

1-57     a report of a criminal act to the council or a [local] crime

1-58     stoppers organization [program] and the person who accepted the

1-59     report on behalf of the council or organization [local crime

1-60     stoppers program] is not admissible in a court or an administrative

1-61     proceeding.

1-62           (b)  Records of the council or a [local] crime stoppers

1-63     organization [program] concerning a report of criminal activity may

1-64     not be compelled to be produced before a court or other tribunal

 2-1     except on the motion of a criminal defendant to the court in which

 2-2     the offense is being tried that the records or report contains

 2-3     evidence that is exculpatory to the defendant in the trial of that

 2-4     offense.

 2-5           (e)  The court shall return to the council or [to the local]

 2-6     crime stoppers organization the [program] materials that are

 2-7     produced under this section but not disclosed to the defendant.

 2-8     The council or [local] crime stoppers organization [program] shall

 2-9     store the materials until the conclusion of the criminal trial and

2-10     the expiration of the time for all direct appeals in the case.

2-11           SECTION 6.  Subsection (a), Section 414.009, Government Code,

2-12     is amended to read as follows:

2-13           (a)  A person who is a member or employee of the council or

2-14     who accepts a report of criminal activity on behalf of a [local]

2-15     crime stoppers organization [program] commits an offense if the

2-16     person intentionally or knowingly divulges to a person not employed

2-17     by a law enforcement agency the content of a report of a criminal

2-18     act or the identity of the person who made the report without the

2-19     consent of the person who made the report.

2-20           SECTION 7.  Section 414.010, Government Code, as amended by

2-21     Chapters 321 and 756, Acts of the 74th Legislature, 1995, is

2-22     amended to read as follows:

2-23           Sec. 414.010.  PAYMENTS [PAYMENT] FROM DEFENDANTS [DEFENDANT]

2-24     ON COMMUNITY SUPERVISION; REWARD REPAYMENTS.  (a)  A [local] crime

2-25     stoppers organization [program] certified by the council to receive

2-26     money in the form of payments from defendants placed on community

2-27     supervision under Article 42.12, Code of Criminal Procedure, or

2-28     money in the form of repayments of rewards under Articles 37.073

2-29     and 42.152, Code of Criminal Procedure, may use not more than 10

2-30     percent of the money annually received to pay costs incurred in

2-31     administering the organization [program] and shall [must] use the

2-32     remainder of the money, including any interest earned on the money,

2-33     only to reward persons who report information concerning criminal

2-34     activity.  Not later than January 31 [15] of each year, a [local]

2-35     crime stoppers organization [program] that receives or expends

2-36     money under this section shall file a detailed report with the

2-37     council.

2-38           (b)  A crime stoppers organization shall establish a separate

2-39     reward account for money received under this section.

2-40           (c)  Not later than the 60th day after the date of

2-41     dissolution or decertification of a crime stoppers organization, a

2-42     dissolved or decertified organization shall forward all unexpended

2-43     money received under this section to the comptroller.  The

2-44     comptroller shall deposit the money in the crime stoppers

2-45     assistance account in the general revenue fund.

2-46           SECTION 8.  Section 414.011, Government Code, is amended to

2-47     read as follows:

2-48           Sec. 414.011.  CERTIFICATION OF ORGANIZATIONS [LOCAL

2-49     PROGRAMS] TO RECEIVE PAYMENTS AND REWARD REPAYMENTS.  (a)  The

2-50     council shall, on application by a [local] crime stoppers

2-51     organization [program], determine whether the organization [a local

2-52     crime stoppers program] is qualified to receive repayments of

2-53     rewards under Articles 37.073 [37.072] and 42.152 [42.151], Code of

2-54     Criminal Procedure, or payments from a defendant [probationer]

2-55     under Article 42.12, Code of Criminal Procedure.  The council shall

2-56     certify a [local] crime stoppers organization [program] to receive

2-57     those repayments or payments if, considering the organization,

2-58     continuity, leadership, community support, and general conduct of

2-59     the crime stoppers organization [program], the council determines

2-60     that the repayments or payments will be spent to further the crime

2-61     prevention purposes of the organization [program].

2-62           (b)  Each [local] crime stoppers organization [program]

2-63     certified by the council to receive repayments under Articles

2-64     37.073 [37.072] and 42.152 [42.151], Code of Criminal Procedure, or

2-65     payments from a defendant [probationer] under Article 42.12, Code

2-66     of Criminal Procedure, is subject to an annual audit by an

2-67     independent accounting firm and must submit the audit to the

2-68     council for review.

2-69           (c)  The council may approve a [local] crime stoppers

 3-1     organization [program] for purposes of Subsection (a)  of this

 3-2     section even if a judge has not requested a determination for that

 3-3     organization [program] and may maintain a current list of

 3-4     organizations [local programs] approved for that purpose.

 3-5           [(d)  A local crime stoppers program certified by the council

 3-6     to receive repayments under this section may use not more than 10

 3-7     percent of that money annually received to pay costs incurred in

 3-8     administering the program and must use the remainder of that money

 3-9     only to reward persons who report information on criminal activity

3-10     that leads to a defendant being indicted for or charged by

3-11     information with a felony offense.]

3-12           SECTION 9.  Section 414.012, Government Code, is amended to

3-13     read as follows:

3-14           Sec. 414.012.  TOLL-FREE TELEPHONE SERVICE.  The council

3-15     shall establish and operate a toll-free telephone service and make

3-16     the service accessible to persons residing in areas of the state

3-17     not served by a [local] crime stoppers organization [program] for

3-18     reporting to the council information about criminal acts.  The

3-19     toll-free service must be available between the hours of 5 p.m. and

3-20     8 a.m. Monday through Thursday and from 5 p.m. Friday until 8 a.m.

3-21     Monday.  The council shall forward the information received to

3-22     appropriate law enforcement agencies or [local] crime stoppers

3-23     organization [program].

3-24           SECTION 10.  Article 37.073, Code of Criminal Procedure, is

3-25     amended to read as follows:

3-26           Art. 37.073.  REPAYMENT OF REWARDS.  (a)  After a defendant

3-27     has been convicted of a felony offense, the judge may order a

3-28     defendant to repay all or part of a reward paid by a [local] crime

3-29     stoppers organization [program].

3-30           (b)  In determining whether the defendant must repay the

3-31     reward or part of the reward, the court shall consider:

3-32                 (1)  the ability of the defendant to make the payment

3-33     and the financial hardship on the defendant to make the required

3-34     payment; and

3-35                 (2)  the importance of the information to the

3-36     prosecution of the defendant as provided by the arresting officer

3-37     or the attorney for the state with due regard for the

3-38     confidentiality of the [local] crime stoppers organization

3-39     [program] records.

3-40           (c)  In this article, "[local] crime stoppers organization

3-41     [program]" means a [local] crime stoppers organization, as defined

3-42     by Subdivision (2), Section 414.001, Government Code, that is

3-43     approved by the Crime Stoppers Advisory Council to receive payments

3-44     of rewards under this article and Article 42.152 [42.151] of this

3-45     code.

3-46           SECTION 11.  Subsection (a), Section 11, Article 42.12, Code

3-47     of Criminal Procedure, as amended by Chapters 76, 258, 318, and

3-48     595, Acts of the 74th Legislature, 1995, is amended to read as

3-49     follows:

3-50           (a)  The judge of the court having jurisdiction of the case

3-51     shall determine the conditions of community supervision and may, at

3-52     any time, during the period of community supervision alter or

3-53     modify the conditions.  The judge may impose any reasonable

3-54     condition that is designed to protect or restore the community,

3-55     protect or restore the victim, or punish, rehabilitate, or reform

3-56     the defendant.  Conditions of community supervision may include,

3-57     but shall not be limited to, the conditions that the defendant

3-58     shall:

3-59                 (1)  Commit no offense against the laws of this State

3-60     or of any other State or of the United States;

3-61                 (2)  Avoid injurious or vicious habits;

3-62                 (3)  Avoid persons or places of disreputable or harmful

3-63     character;

3-64                 (4)  Report to the supervision officer as directed by

3-65     the judge or supervision officer and obey all rules and regulations

3-66     of the community supervision and corrections department;

3-67                 (5)  Permit the supervision officer to visit him at his

3-68     home or elsewhere;

3-69                 (6)  Work faithfully at suitable employment as far as

 4-1     possible;

 4-2                 (7)  Remain within a specified place;

 4-3                 (8)  Pay his fine, if one be assessed, and all court

 4-4     costs whether a fine be assessed or not, in one or several sums;

 4-5                 (9)  Support his dependents;

 4-6                 (10)  Participate, for a time specified by the judge in

 4-7     any community-based program, including a community-service work

 4-8     program under Section 16 of this article;

 4-9                 (11)  Reimburse the county in which the prosecution was

4-10     instituted for compensation paid to appointed counsel for defending

4-11     him in the case, if counsel was appointed, or if he was represented

4-12     by a county-paid public defender, in an amount that would have been

4-13     paid to an appointed attorney had the county not had a public

4-14     defender;

4-15                 (12)  Remain under custodial supervision in a community

4-16     corrections facility, obey all rules and regulations of such

4-17     facility, and pay a percentage of his income to the facility for

4-18     room and board;

4-19                 (13)  Pay a percentage of his income to his dependents

4-20     for their support while under custodial supervision in a community

4-21     corrections facility;

4-22                 (14)  Submit to testing for alcohol or controlled

4-23     substances;

4-24                 (15)  Attend counseling sessions for substance abusers

4-25     or participate in substance abuse treatment services in a program

4-26     or facility approved or licensed by the Texas Commission on Alcohol

4-27     and Drug Abuse;

4-28                 (16)  With the consent of the victim of a misdemeanor

4-29     offense or of any offense under Title 7, Penal Code, participate in

4-30     victim-defendant mediation;

4-31                 (17)  Submit to electronic monitoring;

4-32                 (18)  Reimburse the general revenue fund for any

4-33     amounts paid from that fund to a victim, as defined by Article

4-34     56.01 of this code, of the defendant's offense or if no

4-35     reimbursement is required, make one payment to the fund in an

4-36     amount not to exceed $50 if the offense is a misdemeanor or not to

4-37     exceed $100 if the offense is a felony;

4-38                 (19)  Reimburse a law enforcement agency for the

4-39     analysis, storage, or disposal of raw materials, controlled

4-40     substances, chemical precursors, drug paraphernalia, or other

4-41     materials seized in connection with the offense;

4-42                 (20)  Pay all or part of the reasonable and necessary

4-43     costs incurred by the victim for psychological counseling made

4-44     necessary by the offense or for counseling and education relating

4-45     to acquired immune deficiency syndrome or human immunodeficiency

4-46     virus made necessary by the offense;

4-47                 (21)  Make one payment in an amount not to exceed $50

4-48     to a [local] crime stoppers organization [program] as defined by

4-49     Section 414.001, Government Code, and as certified by the Crime

4-50     Stoppers Advisory Council; and

4-51                 (22) [(23)]  Submit a blood sample or other specimen to

4-52     the Department of Public Safety under Subchapter G, Chapter 411,

4-53     Government Code,  for the purpose of creating a DNA record of the

4-54     defendant.

4-55           SECTION 12.  Article 42.152, Code of Criminal Procedure, is

4-56     amended to read as follows:

4-57           Art. 42.152.  REPAYMENT OF REWARD.  (a)  If a judge orders a

4-58     defendant to repay a reward or part of a reward under Article

4-59     37.073 [37.072] of this code, the court shall assess this cost

4-60     against the defendant in the same manner as other costs of

4-61     prosecution are assessed against a defendant.  The court may order

4-62     the defendant to:

4-63                 (1)  pay the entire amount required when sentence is

4-64     pronounced;

4-65                 (2)  pay the entire amount required at a later date

4-66     specified by the court; or

4-67                 (3)  pay specified portions of the required amount at

4-68     designated intervals.

4-69           (b)  After receiving a payment from a person ordered to make

 5-1     the payment under this article, the clerk of the court or fee

 5-2     officer shall:

 5-3                 (1)  make a record of the payment;

 5-4                 (2)  deduct a one-time $7 processing fee from the

 5-5     reward repayment;

 5-6                 (3)  forward the payment to the designated [local]

 5-7     crime stoppers organization [program]; and

 5-8                 (4)  make a record of the forwarding of the payment.

 5-9           SECTION 13.  Subsections (g) and (i), Article 102.013, Code

5-10     of Criminal Procedure, are amended to read as follows:

5-11           (g)  The legislature shall appropriate funds from the crime

5-12     stoppers assistance account to the Criminal Justice Division of the

5-13     Governor's Office.  The Criminal Justice Division may use 10

5-14     percent of the funds for the operation of the toll-free telephone

5-15     service under Section 414.012, Government Code, and shall

5-16     distribute the remainder of the funds only to [local] crime

5-17     stoppers organizations [programs].  The Criminal Justice Division

5-18     may adopt a budget and rules to implement the distribution of these

5-19     funds.

5-20           (i)  In this article, "[local] crime stoppers organization

5-21     [program]" has the meaning assigned by Section 414.001, Government

5-22     Code.

5-23           SECTION 14.  This Act takes effect September 1, 1997.

5-24           SECTION 15.  The importance of this legislation and the

5-25     crowded condition of the calendars in both houses create an

5-26     emergency and an imperative public necessity that the

5-27     constitutional rule requiring bills to be read on three several

5-28     days in each house be suspended, and this rule is hereby suspended.

5-29                                  * * * * *