SRC-LBB S.B. 357 78(R)   BILL ANALYSIS


Senate Research Center   S.B. 357
78R3081KCR-FBy: Shapiro
Criminal Justice
2/20/2003
As Filed


DIGEST AND PURPOSE 

Currently, evidence of a communication between a person and a crime
stoppers organization is not admissible in a criminal court proceeding.
The criminal court may review materials related to the tip and provide
evidence to the criminal defendant that may be useful to the defendant's
case. 
However, there is no effective access to this same information in a civil
proceeding of a person exonerated of the criminal charges.  As proposed,
S.B. 357 will allow a person who is charged in a criminal case based on a
crime stoppers tip, is exonerated of the charges, and then files a civil
suit, to submit crime stoppers records as proof of his or her claims in
the civil suit.  This bill also establishes immunity from civil liability
for certain persons making or receiving those reports. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to
a state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 414.008, Government Code, as follows:

(a)  Provides that evidence of a communication between a person and a
crime stoppers organization is not admissible in a court or an
administrative proceeding, except as otherwise provided by this section. 

(b)  Prohibits records of the Crime Stoppers Advisory Council (council) or
a crime      stoppers organization concerning criminal activity reports
from compelled production   before a court or other tribunal except on
certain motions, including a motion filed in a   criminal trial court by a
defendant who alleges the report contains exculpatory evidence or   a
motion filed by a plaintiff in a civil case who alleges that denial of
access to information   and records relating to the exoneration of the
criminal activity will deny him effective access to the civil courts. 

(c)  Deletes language referring to defendant and replaces with movant.
Provides that the court will conduct an in camera inspection of materials
produced under subpoena to determine whether the materials contain
information necessary to a civil plaintiff  in addition to evidence that
is exculpatory to the defendant. Makes nonsubstantive changes. 

 (d)  Makes conforming changes. 

(e)  Requires the council or crime stoppers organization to store the
materials produced under this section until a certain date.  Makes
conforming changes. 

SECTION 2.  Amends Chapter 414, Government Code, by adding Section
414.013, as follows: 

Sec.  414.013.  IMMUNITY FROM CIVIL LIABILITY.  Provides that certain
persons acting in good faith within the course and scope of their duties
to report or act on a crime  stoppers tip are immune from civil liability. 

SECTION 3.  (a)  Effective date:  September 1, 2003.
                       (b)  Makes application of this Act prospective.