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.