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.