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 * * * * *