1-1 By: Nelson S.B. No. 1789
1-2 (In the Senate - Filed March 12, 1999; March 15, 1999, read
1-3 first time and referred to Committee on Criminal Justice;
1-4 April 12, 1999, reported favorably by the following vote: Yeas 7,
1-5 Nays 0; April 12, 1999, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the duties and authority of the Crime Stoppers Advisory
1-9 Council; providing a criminal penalty.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Chapter 414, Government Code, is amended to read
1-12 as follows:
1-13 CHAPTER 414. CRIME STOPPERS ADVISORY COUNCIL
1-14 Sec. 414.001. DEFINITIONS. In this chapter:
1-15 (1) "Council" means the Crime Stoppers Advisory
1-16 Council.
1-17 (2) "Crime stoppers organization" means:
1-18 (A) a private, nonprofit organization[, or a
1-19 public organization] that is operated on a local or statewide
1-20 level, that accepts and expends donations for rewards to persons
1-21 who report to the organization information about criminal activity
1-22 and that forwards the information to the appropriate law
1-23 enforcement agency; or
1-24 (B) a public organization that is operated on a
1-25 local or statewide level, that pays rewards to persons who report
1-26 to the organization information about criminal activity, and that
1-27 forwards the information to the appropriate law enforcement agency.
1-28 Sec. 414.002. ORGANIZATION OF COUNCIL. (a) The Crime
1-29 Stoppers Advisory Council is within the criminal justice division
1-30 of the governor's office.
1-31 (b) The council consists of five members appointed by the
1-32 governor with the advice and consent of the senate. At least three
1-33 members must be persons who have participated in a crime stoppers
1-34 organization in any of the following capacities:
1-35 (1) as a law enforcement coordinator;
1-36 (2) as a member of the board of directors;
1-37 (3) as a media representative; or
1-38 (4) as an administrative officer.
1-39 (c) The term of office of a member is two years.
1-40 (d) At its first meeting after the beginning of each fiscal
1-41 year the council shall elect from among its members a chairman and
1-42 other officers that the council considers necessary.
1-43 Sec. 414.003. PER DIEM AND EXPENSES. A member of the
1-44 council is entitled to:
1-45 (1) a per diem as determined by appropriation; and
1-46 (2) reimbursement for actual and necessary expenses
1-47 incurred in performing duties as a member.
1-48 Sec. 414.004. DIRECTOR. The council and the executive
1-49 director of the criminal justice division of the governor's office
1-50 shall designate [employ] a person to serve [or designate a state
1-51 employee] as director. The director must be approved by the
1-52 governor. The council shall define the director's authority and
1-53 responsibilities.
1-54 Sec. 414.005. DUTIES. The council shall:
1-55 (1) encourage, advise, and assist in the creation of
1-56 crime stoppers organizations;
1-57 (2) foster the detection of crime and encourage
1-58 persons to report information about criminal acts;
1-59 (3) encourage news and other media to broadcast
1-60 reenactments [promote crime stoppers organizations] and to inform
1-61 the public of the functions of crime stoppers organizations'
1-62 operations and programs [the functions of the council];
1-63 (4) promote the process of [assist] crime stoppers
1-64 organizations to forward [in forwarding] information about criminal
2-1 acts to the appropriate law enforcement agencies; and
2-2 (5) help law enforcement agencies detect and combat
2-3 crime by increasing the flow of information to and between law
2-4 enforcement agencies.
2-5 Sec. 414.006. RULES. The council may adopt rules to carry
2-6 out its functions under this chapter. The rules adopted by the
2-7 council shall not conflict with rules relating to grants adopted by
2-8 the criminal justice division of the governor's office.
2-9 Sec. 414.007. CONFIDENTIALITY OF COUNCIL RECORDS. Council
2-10 records relating to reports of criminal acts are confidential.
2-11 Sec. 414.008. PRIVILEGED INFORMATION. (a) Evidence of a
2-12 communication between a person submitting a report of a criminal
2-13 act to the council or a crime stoppers organization and the person
2-14 who accepted the report on behalf of the council or organization is
2-15 not admissible in a court or an administrative proceeding.
2-16 (b) Records of the council or a crime stoppers organization
2-17 concerning a report of criminal activity may not be compelled to be
2-18 produced before a court or other tribunal except on the motion of a
2-19 criminal defendant to the court in which the offense is being tried
2-20 that the records or report contains evidence that is exculpatory to
2-21 the defendant in the trial of that offense.
2-22 (c) On motion of a defendant under Subsection (b), the court
2-23 may subpoena the records or report. The court shall conduct an in
2-24 camera inspection of materials produced under subpoena to determine
2-25 whether the materials contain evidence that is exculpatory to the
2-26 defendant.
2-27 (d) If the court determines that the materials produced
2-28 contain evidence that is exculpatory to the defendant, the court
2-29 shall present the evidence to the defendant in a form that does not
2-30 disclose the identity of the person who was the source of the
2-31 evidence, unless the state or federal constitution requires the
2-32 disclosure of that person's identity. The court shall execute an
2-33 affidavit accompanying the disclosed materials swearing that, in
2-34 the opinion of the court, the materials disclosed represent the
2-35 exculpatory evidence the defendant is entitled to receive under
2-36 this section.
2-37 (e) The court shall return to the council or crime stoppers
2-38 organization the materials that are produced under this section but
2-39 not disclosed to the defendant. The council or crime stoppers
2-40 organization shall store the materials until the conclusion of the
2-41 criminal trial and the expiration of the time for all direct
2-42 appeals in the case.
2-43 Sec. 414.009. MISUSE OF INFORMATION. (a) A person who is a
2-44 member or employee of the council or who accepts a report of
2-45 criminal activity on behalf of a crime stoppers organization
2-46 commits an offense if the person intentionally or knowingly
2-47 divulges to a person not employed by a law enforcement agency the
2-48 content of a report of a criminal act or the identity of the person
2-49 who made the report without the consent of the person who made the
2-50 report.
2-51 (b) An offense under this section is a Class A misdemeanor,
2-52 except that an offense under this section is a third degree felony
2-53 if the offense is committed with intent to obtain monetary gain or
2-54 other benefit.
2-55 (c) A person convicted of an offense under this section is
2-56 not eligible for state employment during the five-year period
2-57 following the date that the conviction becomes final.
2-58 Sec. 414.010. PAYMENTS FROM DEFENDANTS ON COMMUNITY
2-59 SUPERVISION; REWARD REPAYMENTS. (a) A crime stoppers organization
2-60 certified by the council to receive money in the form of payments
2-61 from defendants placed on community supervision under Article
2-62 42.12, Code of Criminal Procedure, or money in the form of
2-63 repayments of rewards under Articles 37.073 and 42.152, Code of
2-64 Criminal Procedure, may use not more than 10 percent of the money
2-65 annually received to pay costs incurred in administering the
2-66 organization and shall use the remainder of the money, including
2-67 any interest earned on the money, only to reward persons who report
2-68 information concerning criminal activity. Not later than January
2-69 31 of each year, a crime stoppers organization that receives or
3-1 expends money under this section shall file a detailed report with
3-2 the council.
3-3 (b) A crime stoppers organization shall establish a separate
3-4 reward account for money received under this section.
3-5 (c) Not later than the 60th day after the date of
3-6 dissolution or decertification of a crime stoppers organization, a
3-7 dissolved or decertified organization shall forward all unexpended
3-8 money received under this section to the comptroller. The
3-9 comptroller shall deposit the money in the crime stoppers
3-10 assistance account in the general revenue fund.
3-11 Sec. 414.011. CERTIFICATION OF ORGANIZATIONS TO RECEIVE
3-12 PAYMENTS AND REWARD REPAYMENTS. (a) The council shall, on
3-13 application by a crime stoppers organization, determine whether the
3-14 organization is qualified to receive repayments of rewards under
3-15 Articles 37.073 and 42.152, Code of Criminal Procedure, or payments
3-16 from a defendant under Article 42.12, Code of Criminal Procedure.
3-17 The council shall certify a crime stoppers organization to receive
3-18 those repayments or payments if, considering the organization,
3-19 continuity, leadership, community support, and general conduct of
3-20 the crime stoppers organization, the council determines that the
3-21 repayments or payments will be spent to further the crime
3-22 prevention purposes of the organization.
3-23 (b) Each crime stoppers organization certified by the
3-24 council to receive repayments under Articles 37.073 and 42.152,
3-25 Code of Criminal Procedure, or payments from a defendant under
3-26 Article 42.12, Code of Criminal Procedure, is subject to a review
3-27 or audit, including financial and programmatic reviews or audits,
3-28 of finances or programs at the direction of the criminal justice
3-29 division of the governor's office or its designee. A copy of the
3-30 review or audit report shall be submitted to the criminal justice
3-31 division [is subject to an annual audit by an independent
3-32 accounting firm and must submit the audit to the council for
3-33 review].
3-34 (c) The criminal justice division of the governor's office
3-35 or its designee shall draft rules for adoption by the council
3-36 relating to a review or audit requested pursuant to Subsection (b).
3-37 (d) A certification issued by the council is valid for a
3-38 period of two years. During this two-year period, the council
3-39 shall decertify a crime stoppers organization if it determines that
3-40 the organization no longer meets the certification requirements.
3-41 (e) The council shall [may] approve a crime stoppers
3-42 organization for purposes of Subsection (a) of this section even if
3-43 a judge has not requested a determination for that organization and
3-44 shall [may] maintain a current list of organizations approved for
3-45 that purpose.
3-46 Sec. 414.012. TOLL-FREE TELEPHONE SERVICE. The council
3-47 shall establish and operate a toll-free telephone service and make
3-48 the service accessible to persons residing in areas of the state
3-49 not served by a crime stoppers organization for reporting to the
3-50 council information about criminal acts. The toll-free service
3-51 must be available between the hours of 5 p.m. and 8 a.m. Monday
3-52 through Thursday and from 5 p.m. Friday until 8 a.m. Monday. The
3-53 council shall forward the information received to appropriate law
3-54 enforcement agencies or crime stoppers organization.
3-55 SECTION 2. The importance of this legislation and the
3-56 crowded condition of the calendars in both houses create an
3-57 emergency and an imperative public necessity that the
3-58 constitutional rule requiring bills to be read on three several
3-59 days in each house be suspended, and this rule is hereby suspended,
3-60 and that this Act take effect and be in force from and after its
3-61 passage, and it is so enacted.
3-62 * * * * *