By Keel H.B. No. 3728
Line and page numbers may not match official copy.
Bill not drafted by TLC or Senate E&E.
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the duties and authority of the Crime Stoppers Advisory
1-3 Council; providing a criminal penalty.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Chapter 414, Government Code, is amended to read
1-6 as follows:
1-7 CHAPTER 414. CRIME STOPPERS ADVISORY COUNCIL
1-8 Sec. 414.001. Definitions.
1-9 In this chapter:
1-10 (1) "Council" means the Crime Stoppers Advisory
1-11 Council.
1-12 (2) "Crime stoppers organization" means:
1-13 (A) a private, nonprofit organization[, or a
1-14 public organization] that is operated on a local or statewide
1-15 level, that accepts and expends donations for rewards to persons
1-16 who report to the organization information about criminal activity
1-17 and that forwards the information to the appropriate law
1-18 enforcement agency; or
1-19 (B) A public organization that is operated on a
1-20 local or statewide level, that pays rewards to persons who report
1-21 to the organization information about criminal activity and that
2-1 forwards the information to the appropriate law enforcement agency.
2-2 Sec. 414.002. Organization of Council. (a) The Crime
2-3 Stoppers Advisory Council is within the criminal justice division
2-4 of the governor's office.
2-5 (b) The council consists of five members appointed by the
2-6 governor with the advice and consent of the senate. At least three
2-7 members must be persons who have participated in a crime stoppers
2-8 organization in any of the following capacities:
2-9 (1) as a law enforcement coordinator;
2-10 (2) as a member of the board of directors;
2-11 (3) as a media representative; or
2-12 (4) as an administrative officer.
2-13 (c) The term of office of a member is two years.
2-14 (d) At its first meeting after the beginning of each fiscal
2-15 year the council shall elect from among its members a chairman and
2-16 other officers that the council considers necessary.
2-17 Sec. 414.003. Per Diem and Expenses. A member of the
2-18 council is entitled to:
2-19 (1) a per diem as determined by appropriation; and
2-20 (2) reimbursement for actual and necessary expenses
2-21 incurred in performing duties as a member.
2-22 Sec. 414.004. Director. The council and the executive
2-23 director of the criminal justice division shall designate [employ]
2-24 a person [or designate a state employee] to serve as director. The
2-25 director must be approved by the governor. The council shall
3-1 define the director's authority and responsibilities.
3-2 Sec. 414.005. Duties. The council shall:
3-3 (1) encourage, advise, and assist in the creation of
3-4 crime stoppers organizations;
3-5 (2) foster the detection of crime and encourage
3-6 persons to report information about criminal acts;
3-7 (3) encourage news and other media to broadcast
3-8 reenactments [promote crime stoppers organizations] and to inform
3-9 the public of the functions of crime stoppers organizations'
3-10 operations and programs [the functions of the council];
3-11 (4) promote the process of [assist] crime stoppers
3-12 organizations to forward [in forwarding] information about criminal
3-13 acts to the appropriate law enforcement agencies; and
3-14 (5) help law enforcement agencies detect and combat
3-15 crime by increasing the flow of information to and between law
3-16 enforcement agencies.
3-17 Sec. 414.006. Rules. The council may adopt rules to carry
3-18 out its functions under this chapter. The rules adopted by the
3-19 council shall not conflict with rules relating to grants adopted by
3-20 the criminal justice division of the governor's office.
3-21 Sec. 414.007. Confidentiality of Council Records. Council
3-22 records relating to reports of criminal acts are confidential.
3-23 Sec. 414.008. Privileged Information. (a) Evidence of a
3-24 communication between a person submitting a report of a criminal
3-25 act to the council or a crime stoppers organization and the person
4-1 who accepted the report on behalf of the council or organization is
4-2 not admissible in a court or an administrative proceeding.
4-3 (b) Records of the council or a crime stoppers organization
4-4 concerning a report of criminal activity may not be compelled to be
4-5 produced before a court or other tribunal except on the motion of a
4-6 criminal defendant to the court in which the offense is being tried
4-7 that the records or report contains evidence that is exculpatory to
4-8 the defendant in the trial of that offense.
4-9 (c) On motion of a defendant under Subsection (b), the court
4-10 may subpoena the records or report. The court shall conduct an in
4-11 camera inspection of materials produced under subpoena to determine
4-12 whether the materials contain evidence that is exculpatory to the
4-13 defendant.
4-14 (d) If the court determines that the materials produced
4-15 contain evidence that is exculpatory to the defendant, the court
4-16 shall present the evidence to the defendant in a form that does not
4-17 disclose the identity of the person who was the source of the
4-18 evidence, unless the state or federal constitution requires the
4-19 disclosure of that person's identity. The court shall execute an
4-20 affidavit accompanying the disclosed materials swearing that, in
4-21 the opinion of the court, the materials disclosed represent the
4-22 exculpatory evidence the defendant is entitled to receive under
4-23 this section.
4-24 (e) The court shall return to the council or crime stoppers
4-25 organization the materials that are produced under this section but
5-1 not disclosed to the defendant. The council or crime stoppers
5-2 organization shall store the materials until the conclusion of the
5-3 criminal trial and the expiration of the time for all direct
5-4 appeals in the case.
5-5 Sec. 414.009. Misuse of Information. (a) A person who is a
5-6 member or employee of the council or who accepts a report of
5-7 criminal activity on behalf of a crime stoppers organization
5-8 commits an offense if the person intentionally or knowingly
5-9 divulges to a person not employed by a law enforcement agency the
5-10 content of a report of a criminal act or the identity of the person
5-11 who made the report without the consent of the person who made the
5-12 report.
5-13 (b) An offense under this section is a Class A misdemeanor,
5-14 except that an offense under this section is a third degree felony
5-15 if the offense is committed with intent to obtain monetary gain or
5-16 other benefit.
5-17 (c) A person convicted of an offense under this section is
5-18 not eligible for state employment during the five-year period
5-19 following the date that the conviction becomes final.
5-20 Sec. 414.010. Payments From Defendants on Community
5-21 Supervision; Reward Repayments. (a) A crime stoppers organization
5-22 certified by the council to receive money in the form of payments
5-23 from defendants placed on community supervision under Article
5-24 42.12, Code of Criminal Procedure, or money in the form of
5-25 repayments of rewards under Articles 37.073 and 42.152, Code of
6-1 Criminal Procedure, may use not more than 10 percent of the money
6-2 annually received to pay costs incurred in administering the
6-3 organization and shall use the remainder of the money, including
6-4 any interest earned on the money, only to reward persons who report
6-5 information concerning criminal activity. Not later than January
6-6 31 of each year, a crime stoppers organization that receives or
6-7 expends money under this section shall file a detailed report with
6-8 the council.
6-9 (b) A crime stoppers organization shall establish a separate
6-10 reward account for money received under this section.
6-11 (c) Not later than the 60th day after the date of
6-12 dissolution or decertification of a crime stoppers organization, a
6-13 dissolved or decertified organization shall forward all unexpended
6-14 money received under this section to the comptroller. The
6-15 comptroller shall deposit the money in the crime stoppers
6-16 assistance account in the general revenue fund.
6-17 Sec. 414.011. Certification of Organizations to Receive
6-18 Payments and Reward Repayments. (a) The council shall, on
6-19 application by a crime stoppers organization, determine whether the
6-20 organization is qualified to receive repayments of rewards under
6-21 Articles 37.073 and 42.152, Code of Criminal Procedure, or payments
6-22 from a defendant under Article 42.12, Code of Criminal Procedure.
6-23 The council shall certify a crime stoppers organization to receive
6-24 those repayments or payments if, considering the organization,
6-25 continuity, leadership, community support, and general conduct of
7-1 the crime stoppers organization, the council determines that the
7-2 repayments or payments will be spent to further the crime
7-3 prevention purposes of the organization.
7-4 (b) Each crime stoppers organization certified by the
7-5 council to receive repayments under Articles 37.073 and 42.152,
7-6 Code of Criminal Procedure, or payments from a defendant under
7-7 Article 42.12, Code of Criminal Procedure, is subject to a review
7-8 or audit, including financial and programmatic reviews or audits,
7-9 of finances or programs, at the direction of the criminal justice
7-10 division of the governor's office or its designee. A copy of the
7-11 review or audit report shall be submitted to the criminal justice
7-12 division [is subject to an annual audit by an independent
7-13 accounting firm and must submit the audit to the council for
7-14 review].
7-15 (c) The criminal justice division of the governor's office
7-16 or its designee shall draft rules for adoption by the council
7-17 relating to a review or audit requested pursuant to subsection (b)
7-18 section 414.001, Government Code.
7-19 (d) A certification issued by the council is valid for a
7-20 period of two years. During this two-year period, the council
7-21 shall decertify a crime stoppers organization if it determines that
7-22 the organization no longer meets the certification requirements.
7-23 (e) [(c)] The council shall [may] approve a crime stoppers
7-24 organization for purposes of Subsection (a) of this section even if
7-25 a judge has not requested a determination for that organization and
8-1 shall [may] maintain a current list of organizations approved for
8-2 that purpose.
8-3 Sec. 414.012. Toll-Free Telephone Service. The council
8-4 shall establish and operate a toll-free telephone service and make
8-5 the service accessible to persons residing in areas of the state
8-6 not served by a crime stoppers organization for reporting to the
8-7 council information about criminal acts. The toll-free service
8-8 must be available between the hours of 5 p.m. and 8 a.m. Monday
8-9 through Thursday and from 5 p.m. Friday until 8 a.m. Monday. The
8-10 council shall forward the information received to appropriate law
8-11 enforcement agencies or crime stoppers organization.
8-12 SECTION 2. The importance of this legislation and the
8-13 crowded condition of the calendars in both houses create an
8-14 emergency and an imperative public necessity that the
8-15 constitutional rule requiring bills to be read on three several
8-16 days in each house be suspended, and this rule is hereby suspended,
8-17 and that this Act take effect and be in force from and after its
8-18 passage, and it is so enacted.