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