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78R3081 KCR-F
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. The following
persons acting in good faith are immune from civil liability for any
act or omission leading to the arrest of, the filing of charges
against, or the conviction of a person for a criminal offense,
regardless of whether the person is later exonerated of that
offense:
(1) a person who communicates to the council or a crime
stoppers organization a report of criminal activity; and
(2) 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.
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.
COMMITTEE AMENDMENT NO. 1
Amend H.B. 1036, SECTION 2, by striking new Section 414.013
and replacing it with new 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
willfully 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, willfully or
wantonly negligent, or done with conscious indifference or reckless
disregard for the safety of others.
Hegar