By Noriega H.B. No. 1354
77R2466 GWK-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to requiring certain defendants in municipal or justice
1-3 courts to make payments to a crime stoppers organization.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subchapter B, Chapter 45, Code of Criminal
1-6 Procedure, is amended by adding Article 45.055 to read as follows:
1-7 Art. 45.055. CONTRIBUTION TO CRIME STOPPERS. A justice or
1-8 municipal court that defers disposition in a case under this
1-9 subchapter may require as a condition of the deferral that the
1-10 defendant make one payment in an amount not to exceed $10 to a
1-11 crime stoppers organization certified to receive payments under
1-12 this subchapter by Chapter 414, Government Code.
1-13 SECTION 2. Section 414.010(a), Government Code, is amended
1-14 to read as follows:
1-15 (a) Except as provided by Subsection (d), a crime stoppers
1-16 organization certified by the council to receive money in the form
1-17 of payments from defendants placed on community supervision under
1-18 Article 42.12, Code of Criminal Procedure, or placed on deferred
1-19 disposition under Subchapter B, Chapter 45, Code of Criminal
1-20 Procedure, or money in the form of repayments of rewards under
1-21 Articles 37.073 and 42.152, Code of Criminal Procedure, may use not
1-22 more than 10 percent of the money annually received to pay costs
1-23 incurred in administering the organization and shall use the
1-24 remainder of the money, including any interest earned on the money,
2-1 only to reward persons who report information concerning criminal
2-2 activity. Not later than January 31 of each year, a crime stoppers
2-3 organization that receives or expends money under this section
2-4 shall file a detailed report with the council.
2-5 SECTION 3. Sections 414.011(a) and (b), Government Code, are
2-6 amended to read as follows:
2-7 (a) The council shall, on application by a crime stoppers
2-8 organization, determine whether the organization is qualified to
2-9 receive repayments of rewards under Articles 37.073 and 42.152,
2-10 Code of Criminal Procedure, or payments from a defendant under
2-11 Article 42.12, Code of Criminal Procedure, or Subchapter B, Chapter
2-12 45, Code of Criminal Procedure. The council shall certify a crime
2-13 stoppers organization to receive those repayments or payments if,
2-14 considering the organization, continuity, leadership, community
2-15 support, and general conduct of the crime stoppers organization,
2-16 the council determines that the repayments or payments will be
2-17 spent to further the crime prevention purposes of the organization.
2-18 (b) Each crime stoppers organization certified by the
2-19 council to receive repayments under Articles 37.073 and 42.152,
2-20 Code of Criminal Procedure, or payments from a defendant under
2-21 Article 42.12, Code of Criminal Procedure, or Subchapter B, Chapter
2-22 45, Code of Criminal Procedure, is subject to a review or audit,
2-23 including financial and programmatic reviews or audits, of finances
2-24 or programs at the direction of the criminal justice division of
2-25 the governor's office or its designee. A copy of the review or
2-26 audit report shall be submitted to the criminal justice division.
2-27 SECTION 4. (a) The change in law made by this Act applies
3-1 only to a defendant receiving deferred disposition for an offense
3-2 committed on or after the effective date of this Act. For purposes
3-3 of this section, an offense is committed before the effective date
3-4 of this Act if any element of the offense occurs before the
3-5 effective date.
3-6 (b) A defendant receiving deferred disposition for an
3-7 offense committed before the effective date of this Act is covered
3-8 by the law in effect when the offense was committed, and the former
3-9 law is continued in effect for that purpose.
3-10 SECTION 5. This Act takes effect September 1, 2001.