SRC-JJJ S.B. 1789 76(R)BILL ANALYSIS


Senate Research CenterS.B. 1789
By: Nelson
Criminal Justice
7/21/1999
Enrolled


DIGEST 

Currently, the Crime Stoppers Advisory Council (council) is composed of
five members, who serve two year terms, and whose duty it is to supervise
and promote local and state programs related to the disclosure of criminals
and rewards to citizens, among other details.  S.B. 1789 will establish
conditions regarding the duties and authority of the council; providing a
criminal penalty. 

PURPOSE

As enrolled, S.B. 1789 establishes conditions regarding the duties and
authority of the Crime Stoppers Advisory Council; providing a criminal
penalty. 

RULEMAKING AUTHORITY

Rulemaking authority is granted to the criminal justice division of the
governor's office or its designee in SECTION 1 (Section 414.011(c),
Government Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 414, Government Code, as follows:

 Sec. 414.001.  DEFINITIONS.  Redefines "crime stoppers organization."

Sec. 414.002.  ORGANIZATION OF COUNCIL.  Sets forth certain requirements
which at least three of the five members of the Crime Stoppers Advisory
Council (council) must fulfill.  Provides that the term of office of a
member is four years. 

Sec. 414.003.  PER DIEM AND EXPENSES. Makes no changes.

Sec. 414.004.  DIRECTOR.  Requires the council and the executive director
of the criminal justice division to designate a person to serve as
director.  Makes conforming changes. 

 Sec. 414.005.  DUTIES.  Sets forth the requirements of the council.

Sec. 414.006.  RULES.  Prohibits rules adopted by the council from
conflicting with rules relating to grants adopted by the criminal justice
division of the governor's office. 

Sec. 414.007.  CONFIDENTIALITY OF COUNCIL RECORDS. Makes no changes.

 Sec. 414.008.  PRIVILEGED INFORMATION.  Makes no changes.

Sec. 414.009.  MISUSE OF INFORMATION.  Provides that an offense under this
section is a Class A misdemeanor, except that an offense is a third degree
felony if the offense is committed with intent to obtain monetary gain or
other benefit. 
 
Sec. 414.010.  PAYMENTS FROM DEFENDANTS ON COMMUNITY SUPERVISION; REWARD
REPAYMENTS.  Makes no changes. 

Sec. 414.011.  CERTIFICATION OF ORGANIZATIONS TO RECEIVE PAYMENTS AND
REWARD REPAYMENTS.  Establishes that crime stoppers organizations certified
by the council to receive repayments  are subject to certain reviews or
audits at the discretion of the criminal justice division of the governor's
office or its designee.  Requires a copy of the review or audit report to
be submitted to the criminal justice division.  Requires the criminal
justice division of the governor's office or its designee to draft rules
for adoption by the council relating to a requested review or audit.
Provides that a certification by the council is valid for a two-year
period.  Requires the council to decertify a crime stoppers organization if
it determines that the organization no longer meets certification
requirements.  Requires, rather than authorizes, the council to approve a
crime stoppers organization for certain purposes even if a judge has not
requested a determination for that organization and shall maintain a
current list of organizations approved for that purpose.  Deletes text
regarding an annual audit.  Makes conforming changes. 

 Sec. 414.012.  TOLL-FREE TELEPHONE SERVICE.  Makes no changes.

SECTION 2.  Emergency clause.
            Effective date: upon passage.