H.B. 1036 78(R)    BILL ANALYSIS


H.B. 1036
By: Ritter
Law Enforcement
Committee Report (Amended)



BACKGROUND AND PURPOSE 

Under current law, evidence of a communication between a person and a
crime stoppers organization is inadmissable in court.  In a criminal case,
the court may review materials related to the tip and provide the
defendant with information that may be useful as evidence in his case.
However, there is no effective access to the same information in a civil
proceeding.  The result is that a person who is charged with a crime based
on a crime stoppers tip and is acquitted is not able to use evidence from
the tip to establish his or her cause of action in a subsequent civil suit
for such claims as malicious prosecution, defamation, or negligence
arising from the crime stoppers tip.   House Bill 1036 provides limited
access to evidence from a crime stoppers tip to a plaintiff in a civil
suit.  It also establishes immunity from civil liability for persons who
make or receive those reports acting in good faith. 

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency, or
institution. 
 
ANALYSIS

SECTION 1.   House Bill 1036 amends Section 414.008 of the Government
Code, adding an exception for certain civil suits to the general rule that
records of a crime stoppers organization may not be compelled before a
court.  Under the bill, the plaintiff must have been charged with or
convicted of a criminal offense based at least partially on the report,
and the charges were dismissed, plaintiff was acquitted, or the charges
overturned in order to compel production of the crime stoppers
organization's records.  The plaintiff must also file a motion alleging
that without the evidence contained therein, the plaintiff will be unable
to establish a cause of action and establish a prima facie case that the
claim is based on injuries from the criminal charge caused in connection
with the crime stoppers report. 

The bill provides that a court shall conduct a private inspection of the
materials and provide the plaintiff with only the information necessary to
the plaintiff's cause of action and not the identity of the source.  The
court must return the undisclosed materials to the crime stoppers
organization and that organization must store them at least until the
first anniversary of the date the plaintiff's right to appeal in a civil
suit has passed. 

SECTION 2.   House Bill 1036 amends Chapter 414 of the Government Code to
provide immunity from civil liability to persons acting in good faith who
communicate a tip to a crime stoppers organization or, in the course of
their duties or functions, receive, forward, or act upon such a tip. 

SECTION 3.   The change in law made by this Act applies only to a civil
cause of action that is filed on or after September 1, 2003, regardless of
when the wrongful conduct occurred.  The former law is in effect for
actions filed before the effective date.   

EFFECTIVE DATE

This Act takes effect September 1, 2003.
            

 EXPLANATION OF AMENDMENTS

Committee Amendment No. 1 amends Chapter 414 of the Government Code by
adding Section 414.013, which provides immunity from civil liability to
persons who communicate a tip to a crime stoppers organization or, in the
course of their duties or functions, receive, forward, or act upon such a
tip.  However, immunity from civil liability does not apply if the
communication or act or omission was intentionally, willfully, or wantonly
negligent, or done with conscious indifference or reckless disregard for
the safety of others.