By:  Ritter, et al.                                               H.B. No. 1036


A BILL TO BE ENTITLED
AN ACT
relating to the confidentiality of certain reports of criminal activity and to immunity from civil liability for certain persons making or receiving those reports. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 414.008, Government Code, is amended to read as follows: Sec. 414.008. PRIVILEGED INFORMATION. (a) Except as otherwise provided by this section, evidence [Evidence] of a communication between a person submitting a report of a criminal act to the council or a crime stoppers organization and the person who accepted the report on behalf of the council or organization is not admissible in a court or an administrative proceeding. (b) Records of the council or a crime stoppers organization concerning a report of criminal activity may not be compelled to be produced before a court or other tribunal except on a [the] motion: (1) filed in a criminal trial court by [of] a [criminal] defendant who alleges [to the court in which the offense is being tried] that the records or report contains evidence that is exculpatory to the defendant in the trial of that offense; or (2) filed in a civil case by a plaintiff who alleges that denial of access to the records concerning the report of criminal activity abrogates any part of a cognizable common law cause of action, if the plaintiff alleging abrogation: (A) was charged with or convicted of a criminal offense based at least partially on the report and the charges were dismissed, the plaintiff was acquitted, or the conviction was overturned, as applicable; and (B) in the motion establishes a prima facie case that the plaintiff's abrogated claim is based on injuries from the criminal charge or conviction caused by the wrongful acts of another performed in connection with the report. (c) On motion of a movant [defendant] under Subsection (b), the court may subpoena the records or report. The court shall conduct an in camera inspection of materials produced under subpoena to determine whether the materials contain: (1) evidence that is exculpatory to the defendant; or (2) information necessary to a plaintiff as described by Subsection (b)(2). (d) If the court determines that the materials produced contain evidence that is exculpatory to the defendant or information necessary to a plaintiff as described by Subsection (b)(2), the court shall present the evidence to the movant [defendant] in a form that does not disclose the identity of the person who was the source of the evidence, unless the state or federal constitution requires the disclosure of that person's identity. The court shall execute an affidavit accompanying the disclosed materials swearing that, in the opinion of the court, the materials disclosed represent the [exculpatory] evidence the movant [defendant] is entitled to receive under this section. (e) The court shall return to the council or crime stoppers organization the materials that are produced under this section but not disclosed to the movant [defendant]. The council or crime stoppers organization shall store the materials at least until the first anniversary of the following appropriate date: (1) [until the conclusion of the criminal trial and] the date of expiration of the time for all direct appeals in a criminal [the] case; or (2) the date a plaintiff's right to appeal in a civil case is exhausted. SECTION 2. Chapter 414, Government Code, is amended by adding Section 414.013 to read as follows: Sec. 414.013. IMMUNITY FROM CIVIL LIABILITY. (a) A person who communicates to the council or a crime stoppers organization a report of criminal activity that leads to the arrest of, the filing of charges against, or the conviction of a person for a criminal offense is immune from civil liability for damages resulting from the communication unless the communication was intentionally, wilfully, or wantonly negligent or done with conscious indifference or reckless disregard for the safety of others. (b) A person who in the course and scope of the person's duties or functions receives, forwards, or acts on a report of criminal activity communicated to the council or a crime stoppers organization is immune from civil liability for damages resulting from an act or omission in the performance of the person's duties or functions unless the act or omission was intentional, wilfully or wantonly negligent, or done with conscious indifference or reckless disregard for the safety of others. SECTION 3. (a) This Act takes effect September 1, 2003. (b) 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 alleged wrongful conduct giving rise to the cause of action occurred. An action that was filed before the effective date of this Act is governed by the law applicable to the action at the time the action was filed, and that law is continued in effect for that purpose.