By: Nelson S.B. No. 1789
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the duties and authority of the Crime Stoppers Advisory
1-2 Council; providing a criminal penalty.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Chapter 414, Government Code, is amended to read
1-5 as follows:
1-6 CHAPTER 414. CRIME STOPPERS ADVISORY COUNCIL
1-7 Sec. 414.001. DEFINITIONS. In this chapter:
1-8 (1) "Council" means the Crime Stoppers Advisory
1-9 Council.
1-10 (2) "Crime stoppers organization" means:
1-11 (A) a private, nonprofit organization[, or a
1-12 public organization] that is operated on a local or statewide
1-13 level, that accepts and expends donations for rewards to persons
1-14 who report to the organization information about criminal activity
1-15 and that forwards the information to the appropriate law
1-16 enforcement agency; or
1-17 (B) a public organization that is operated on a
1-18 local or statewide level, that pays rewards to persons who report
1-19 to the organization information about criminal activity, and that
1-20 forwards the information to the appropriate law enforcement agency.
1-21 Sec. 414.002. ORGANIZATION OF COUNCIL. (a) The Crime
1-22 Stoppers Advisory Council is within the criminal justice division
1-23 of the governor's office.
1-24 (b) The council consists of five members appointed by the
2-1 governor with the advice and consent of the senate. At least three
2-2 members must be persons who have participated in a crime stoppers
2-3 organization in any of the following capacities:
2-4 (1) as a law enforcement coordinator;
2-5 (2) as a member of the board of directors;
2-6 (3) as a media representative; or
2-7 (4) as an administrative officer.
2-8 (c) The term of office of a member is two years.
2-9 (d) At its first meeting after the beginning of each fiscal
2-10 year the council shall elect from among its members a chairman and
2-11 other officers that the council considers necessary.
2-12 Sec. 414.003. PER DIEM AND EXPENSES. A member of the
2-13 council is entitled to:
2-14 (1) a per diem as determined by appropriation; and
2-15 (2) reimbursement for actual and necessary expenses
2-16 incurred in performing duties as a member.
2-17 Sec. 414.004. DIRECTOR. The council and the executive
2-18 director of the criminal justice division of the governor's office
2-19 shall designate [employ] a person to serve [or designate a state
2-20 employee] as director. The director must be approved by the
2-21 governor. The council shall define the director's authority and
2-22 responsibilities.
2-23 Sec. 414.005. DUTIES. The council shall:
2-24 (1) encourage, advise, and assist in the creation of
2-25 crime stoppers organizations;
2-26 (2) foster the detection of crime and encourage
3-1 persons to report information about criminal acts;
3-2 (3) encourage news and other media to broadcast
3-3 reenactments [promote crime stoppers organizations] and to inform
3-4 the public of the functions of crime stoppers organizations'
3-5 operations and programs [the functions of the council];
3-6 (4) promote the process of [assist] crime stoppers
3-7 organizations to forward [in forwarding] information about criminal
3-8 acts to the appropriate law enforcement agencies; and
3-9 (5) help law enforcement agencies detect and combat
3-10 crime by increasing the flow of information to and between law
3-11 enforcement agencies.
3-12 Sec. 414.006. RULES. The council may adopt rules to carry
3-13 out its functions under this chapter. The rules adopted by the
3-14 council shall not conflict with rules relating to grants adopted by
3-15 the criminal justice division of the governor's office.
3-16 Sec. 414.007. CONFIDENTIALITY OF COUNCIL RECORDS. Council
3-17 records relating to reports of criminal acts are confidential.
3-18 Sec. 414.008. PRIVILEGED INFORMATION. (a) Evidence of a
3-19 communication between a person submitting a report of a criminal
3-20 act to the council or a crime stoppers organization and the person
3-21 who accepted the report on behalf of the council or organization is
3-22 not admissible in a court or an administrative proceeding.
3-23 (b) Records of the council or a crime stoppers organization
3-24 concerning a report of criminal activity may not be compelled to be
3-25 produced before a court or other tribunal except on the motion of a
3-26 criminal defendant to the court in which the offense is being tried
4-1 that the records or report contains evidence that is exculpatory to
4-2 the defendant in the trial of that offense.
4-3 (c) On motion of a defendant under Subsection (b), the court
4-4 may subpoena the records or report. The court shall conduct an in
4-5 camera inspection of materials produced under subpoena to determine
4-6 whether the materials contain evidence that is exculpatory to the
4-7 defendant.
4-8 (d) If the court determines that the materials produced
4-9 contain evidence that is exculpatory to the defendant, the court
4-10 shall present the evidence to the defendant in a form that does not
4-11 disclose the identity of the person who was the source of the
4-12 evidence, unless the state or federal constitution requires the
4-13 disclosure of that person's identity. The court shall execute an
4-14 affidavit accompanying the disclosed materials swearing that, in
4-15 the opinion of the court, the materials disclosed represent the
4-16 exculpatory evidence the defendant is entitled to receive under
4-17 this section.
4-18 (e) The court shall return to the council or crime stoppers
4-19 organization the materials that are produced under this section but
4-20 not disclosed to the defendant. The council or crime stoppers
4-21 organization shall store the materials until the conclusion of the
4-22 criminal trial and the expiration of the time for all direct
4-23 appeals in the case.
4-24 Sec. 414.009. MISUSE OF INFORMATION. (a) A person who is a
4-25 member or employee of the council or who accepts a report of
4-26 criminal activity on behalf of a crime stoppers organization
5-1 commits an offense if the person intentionally or knowingly
5-2 divulges to a person not employed by a law enforcement agency the
5-3 content of a report of a criminal act or the identity of the person
5-4 who made the report without the consent of the person who made the
5-5 report.
5-6 (b) An offense under this section is a Class A misdemeanor,
5-7 except that an offense under this section is a third degree felony
5-8 if the offense is committed with intent to obtain monetary gain or
5-9 other benefit.
5-10 (c) A person convicted of an offense under this section is
5-11 not eligible for state employment during the five-year period
5-12 following the date that the conviction becomes final.
5-13 Sec. 414.010. PAYMENTS FROM DEFENDANTS ON COMMUNITY
5-14 SUPERVISION; REWARD REPAYMENTS. (a) A crime stoppers organization
5-15 certified by the council to receive money in the form of payments
5-16 from defendants placed on community supervision under Article
5-17 42.12, Code of Criminal Procedure, or money in the form of
5-18 repayments of rewards under Articles 37.073 and 42.152, Code of
5-19 Criminal Procedure, may use not more than 10 percent of the money
5-20 annually received to pay costs incurred in administering the
5-21 organization and shall use the remainder of the money, including
5-22 any interest earned on the money, only to reward persons who report
5-23 information concerning criminal activity. Not later than January
5-24 31 of each year, a crime stoppers organization that receives or
5-25 expends money under this section shall file a detailed report with
5-26 the council.
6-1 (b) A crime stoppers organization shall establish a separate
6-2 reward account for money received under this section.
6-3 (c) Not later than the 60th day after the date of
6-4 dissolution or decertification of a crime stoppers organization, a
6-5 dissolved or decertified organization shall forward all unexpended
6-6 money received under this section to the comptroller. The
6-7 comptroller shall deposit the money in the crime stoppers
6-8 assistance account in the general revenue fund.
6-9 Sec. 414.011. CERTIFICATION OF ORGANIZATIONS TO RECEIVE
6-10 PAYMENTS AND REWARD REPAYMENTS. (a) The council shall, on
6-11 application by a crime stoppers organization, determine whether the
6-12 organization is qualified to receive repayments of rewards under
6-13 Articles 37.073 and 42.152, Code of Criminal Procedure, or payments
6-14 from a defendant under Article 42.12, Code of Criminal Procedure.
6-15 The council shall certify a crime stoppers organization to receive
6-16 those repayments or payments if, considering the organization,
6-17 continuity, leadership, community support, and general conduct of
6-18 the crime stoppers organization, the council determines that the
6-19 repayments or payments will be spent to further the crime
6-20 prevention purposes of the organization.
6-21 (b) Each crime stoppers organization certified by the
6-22 council to receive repayments under Articles 37.073 and 42.152,
6-23 Code of Criminal Procedure, or payments from a defendant under
6-24 Article 42.12, Code of Criminal Procedure, is subject to a review
6-25 or audit, including financial and programmatic reviews or audits,
6-26 of finances or programs at the direction of the criminal justice
7-1 division of the governor's office or its designee. A copy of the
7-2 review or audit report shall be submitted to the criminal justice
7-3 division [is subject to an annual audit by an independent
7-4 accounting firm and must submit the audit to the council for
7-5 review].
7-6 (c) The criminal justice division of the governor's office
7-7 or its designee shall draft rules for adoption by the council
7-8 relating to a review or audit requested pursuant to Subsection (b).
7-9 (d) A certification issued by the council is valid for a
7-10 period of two years. During this two-year period, the council
7-11 shall decertify a crime stoppers organization if it determines that
7-12 the organization no longer meets the certification requirements.
7-13 (e) The council shall [may] approve a crime stoppers
7-14 organization for purposes of Subsection (a) of this section even if
7-15 a judge has not requested a determination for that organization and
7-16 shall [may] maintain a current list of organizations approved for
7-17 that purpose.
7-18 Sec. 414.012. TOLL-FREE TELEPHONE SERVICE. The council
7-19 shall establish and operate a toll-free telephone service and make
7-20 the service accessible to persons residing in areas of the state
7-21 not served by a crime stoppers organization for reporting to the
7-22 council information about criminal acts. The toll-free service
7-23 must be available between the hours of 5 p.m. and 8 a.m. Monday
7-24 through Thursday and from 5 p.m. Friday until 8 a.m. Monday. The
7-25 council shall forward the information received to appropriate law
7-26 enforcement agencies or crime stoppers organization.
8-1 SECTION 2. The importance of this legislation and the
8-2 crowded condition of the calendars in both houses create an
8-3 emergency and an imperative public necessity that the
8-4 constitutional rule requiring bills to be read on three several
8-5 days in each house be suspended, and this rule is hereby suspended,
8-6 and that this Act take effect and be in force from and after its
8-7 passage, and it is so enacted.