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A BILL TO BE ENTITLED
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AN ACT
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relating to the Texas Crime Stoppers Council. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 414.001, Government Code, is amended by |
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amending Subdivision (2) and adding Subdivisions (3) and (4) to |
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read as follows: |
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(2) "Crime stoppers organization" means: |
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(A) a private, nonprofit organization that is |
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operated on a local or statewide level, that accepts [and expends] |
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donations and expends funds for rewards to persons who submit tips |
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under Section 414.0015, [report to the organization information
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about criminal activity] and that forwards the information received |
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from tips to the appropriate law enforcement agency, school |
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district, or open-enrollment charter school; or |
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(B) a public organization that is operated on a |
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local or statewide level, that pays rewards to persons who submit |
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tips under Section 414.0015 [report to the organization information
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about criminal activity], and that forwards the information |
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received from tips to the appropriate law enforcement agency, |
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school district, or open-enrollment charter school. |
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(3) "Open-enrollment charter school" means a school |
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that has been granted a charter under Subchapter D, Chapter 12, |
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Education Code. |
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(4) "School district" means a public school district |
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created under the laws of this state. |
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SECTION 2. Chapter 414, Government Code, is amended by |
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adding Section 414.0015 to read as follows: |
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Sec. 414.0015. CRIME STOPPERS TIPS. The council, a crime |
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stoppers organization, or a person accepting information on behalf |
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of the council or a crime stoppers organization may accept tips |
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submitted by any person regarding: |
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(1) criminal activity; |
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(2) conduct or threatened conduct that constitutes a |
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danger to public safety or an individual; |
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(3) conduct or threatened conduct that would disrupt |
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the efficient and effective operations of a school district or |
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open-enrollment charter school; or |
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(4) any other activity that may be of interest to a law |
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enforcement agency, school district, or open-enrollment charter |
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school, including truancy or school rule violations. |
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SECTION 3. Section 414.002, Government Code, is amended by |
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amending Subsections (b), (c), and (d) and adding Subsection (e) to |
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read as follows: |
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(b) The council consists of five voting members appointed by |
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the governor with the advice and consent of the senate. At least |
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three members must be: |
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(1) a current or former official or employee of a |
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school district or open-enrollment charter school; or |
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(2) a person [persons] who has [have] participated in |
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a crime stoppers organization in any of the following capacities: |
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(A) [(1)] as a law enforcement coordinator; |
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(B) [(2)] as a member of the board of directors; |
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(C) [(3)] as a media representative; or |
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(D) [(4)] as an administrative officer. |
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(c) The term of office of a voting member is four years. |
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(d) At its first meeting after the beginning of each fiscal |
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year the council shall elect from among its voting members a |
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chairman and other officers that the council considers necessary. |
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(e) In addition to the voting members appointed under |
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Subsection (b), the council may annually appoint a current student |
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of a public school in this state who participates in the Texas Crime |
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Stoppers Ambassador Program as a nonvoting student advisor to the |
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council. |
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SECTION 4. Section 414.003, Government Code, is amended to |
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read as follows: |
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Sec. 414.003. PER DIEM AND EXPENSES. A voting member of the |
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council is entitled to: |
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(1) a per diem as determined by appropriation; and |
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(2) reimbursement for actual and necessary expenses |
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incurred in performing duties as a member. |
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SECTION 5. Section 414.005, Government Code, is amended to |
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read as follows: |
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Sec. 414.005. DUTIES. The council shall: |
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(1) encourage, advise, and assist in the creation of |
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crime stoppers organizations; |
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(2) foster the detection of crime and encourage |
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persons to submit tips under Section 414.0015 [report information
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about criminal acts]; |
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(3) encourage news and other media to [broadcast
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reenactments and to] inform the public of the functions of crime |
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stoppers organizations' operations and programs; |
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(4) promote the process of crime stoppers |
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organizations to forward information from tips submitted under |
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Section 414.0015 [about criminal acts] to the appropriate law |
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enforcement agencies, school districts, and open-enrollment |
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charter schools; |
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(5) help law enforcement agencies detect and combat |
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crime by increasing the flow of information to and between law |
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enforcement agencies; |
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(6) create specialized programs targeted at detecting |
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specific crimes or types of crimes identified as priorities by the |
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council, including at least one program that: |
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(A) encourages individuals to submit tips |
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regarding [report] sex offenders who have failed to register under |
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Chapter 62, Code of Criminal Procedure; |
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(B) encourages individuals to submit tips |
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regarding [report] criminal activity relating to the trafficking of |
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persons, as described under Chapter 20A, Penal Code; and |
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(C) financially rewards each individual who |
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submits a tip [makes a report] described by Paragraph (A) or (B) |
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that leads or substantially contributes to the arrest or |
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apprehension: |
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(i) of a sex offender who has failed to |
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register under Chapter 62, Code of Criminal Procedure; or |
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(ii) of a person suspected of engaging in |
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conduct that constitutes an offense under Chapter 20A, Penal Code; |
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[and] |
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(7) encourage, advise, and assist crime stoppers |
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organizations in implementing any programs created under |
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Subdivision (6), including a program specifically described by |
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Subdivision (6); and |
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(8) encourage, advise, and assist in the creation of |
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campus-based crime stoppers organizations to increase the |
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detection of criminal activity and other conduct or threatened |
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conduct that may be submitted to a crime stoppers organization |
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under Section 414.0015. |
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SECTION 6. Section 414.007, Government Code, is amended to |
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read as follows: |
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Sec. 414.007. CONFIDENTIALITY OF CRIME STOPPERS [COUNCIL] |
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RECORDS. A record relating to a tip received under Section 414.0015 |
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maintained by the council, a crime stoppers organization, a law |
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enforcement agency, a school district, or an open-enrollment |
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charter school, including the identity of the person who submitted |
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the tip, is [Council records relating to reports of criminal acts
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are] confidential and is not subject to disclosure under Chapter |
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552. |
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SECTION 7. Sections 414.008(a), (b), and (e), Government |
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Code, are amended to read as follows: |
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(a) Except as otherwise provided by this section, evidence |
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relating to [of] a communication between a person submitting a tip |
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under Section 414.0015 [report of a criminal act to the council or a
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crime stoppers organization] and a [the] person who accepted the |
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tip under that section [report on behalf of the council or
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organization] is not admissible in a court or an administrative |
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proceeding. |
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(b) A record [Records] of the council, [or] a crime stoppers |
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organization, a law enforcement agency, a school district, or an |
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open-enrollment charter school concerning a tip submitted under |
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Section 414.0015 [report of criminal activity] may not be compelled |
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to be produced before a court or other tribunal except on a motion: |
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(1) filed in a criminal trial court by a defendant who |
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alleges that the record [records or report] contains evidence that |
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is exculpatory to the defendant in the trial of that offense; or |
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(2) filed in a civil case by a plaintiff who alleges |
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that denial of access to the record [the records] concerning the tip |
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[report of criminal activity] abrogates any part of a cognizable |
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common law cause of action, if the plaintiff alleging abrogation: |
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(A) was charged with or convicted of a criminal |
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offense based at least partially on the tip [report] and the charges |
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were dismissed, the plaintiff was acquitted, or the conviction was |
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overturned, as applicable; and |
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(B) in the motion establishes a prima facie case |
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that the plaintiff's abrogated claim is based on injuries from the |
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criminal charge or conviction caused by the wrongful acts of |
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another performed in connection with the tip [report]. |
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(e) The court shall return to the council, [or] crime |
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stoppers organization, law enforcement agency, school district, or |
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open-enrollment charter school the materials that are produced |
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under this section but not disclosed to the movant. The council, |
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[or] crime stoppers organization, law enforcement agency, school |
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district, or open-enrollment charter school shall store the |
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materials at least until the first anniversary of the following |
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appropriate date: |
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(1) the date of expiration of the time for all direct |
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appeals in a criminal case; or |
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(2) the date a plaintiff's right to appeal in a civil |
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case is exhausted. |
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SECTION 8. Section 414.009(a), Government Code, is amended |
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to read as follows: |
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(a) A person who is a member or employee of the council, a |
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crime stoppers organization, a law enforcement agency, a school |
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district, or an open-enrollment charter school or who accepts a tip |
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under Section 414.0015 [report of criminal activity] on behalf of |
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the council or a crime stoppers organization commits an offense if |
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the person intentionally or knowingly discloses [divulges] to a |
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person not a member of or employed by the council, a crime stoppers |
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organization, a law enforcement agency, a school district, or an |
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open-enrollment charter school the [content of a report of a
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criminal act or the] identity of a [the] person who submitted a tip |
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or the content of that tip [made the report] without the person's |
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consent, unless: |
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(1) the person disclosing the information has received |
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authorization to disclose the information from the chief executive |
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of the crime stoppers organization that originally received the |
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tip, and the chief executive has reasonably determined that failing |
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to disclose the identity of a person who submitted the tip creates a |
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probability of imminent physical injury to another; or |
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(2) the disclosure is otherwise required by law or |
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court order [of the person who made the report]. |
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SECTION 9. Sections 414.010(a) and (d), Government Code, |
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are amended to read as follows: |
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(a) Except as provided by Subsection (d), a crime stoppers |
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organization certified by the council to receive money in the form |
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of payments from defendants placed on community supervision under |
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Chapter 42A, Code of Criminal Procedure, or money in the form of |
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repayments of rewards under Articles 37.073 and 42.152, Code of |
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Criminal Procedure, may transfer [use] not more than 20 percent of |
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the money [annually] received during each calendar year to accounts |
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used solely to pay costs incurred in administering the organization |
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and shall use the remainder of the money, including any interest |
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earned on the money, only for the payment of rewards to [reward] |
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persons who submit tips under Section 414.0015 [report information
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concerning criminal activity]. Not later than January 31 of each |
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year, a crime stoppers organization that receives or expends money |
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under this section shall file a detailed report with the council. |
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(d) A [If the amount of funds received by a] crime stoppers |
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organization under this section [exceeds three times the amount of
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funds that the organization uses to pay rewards during a fiscal year
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based on the average amount of funds used to pay rewards during each
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of the preceding three fiscal years, the organization] may deposit |
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excess funds, in an amount established by council rule, [the excess
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amount of funds] in [a] separate accounts [interest-bearing
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account] to be used by the organization solely for law enforcement |
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or public safety purposes relating to crime stoppers or juvenile |
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justice, as established by council rule [including intervention,
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apprehension, and adjudication]. An organization that deposits |
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excess funds in an account as provided by this subsection may use |
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any interest earned on the funds to pay costs incurred in |
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administering the organization. |
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SECTION 10. Section 414.012, Government Code, is amended to |
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read as follows: |
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Sec. 414.012. STATEWIDE CRIME REPORTING SYSTEMS. The |
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council shall establish a free statewide telephone service and |
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other appropriate systems to allow tips under Section 414.0015 |
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[information about criminal acts] to be submitted [reported] to the |
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council and shall make the telephone service and other reporting |
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systems accessible at all times to persons residing in areas of the |
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state not served by a crime stoppers organization. The council |
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shall forward any [the] information it receives [received] to |
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appropriate crime stoppers organizations, law enforcement |
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agencies, school districts, or open-enrollment charter schools |
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[crime stoppers organization]. |
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SECTION 11. Section 414.013, Government Code, is amended to |
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read as follows: |
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Sec. 414.013. IMMUNITY FROM CIVIL LIABILITY. (a) A person |
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who submits [communicates] to the council or a crime stoppers |
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organization a tip under Section 414.0015 [report of criminal
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activity that leads to the arrest of, the filing of charges against,
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or the conviction of a person for a criminal offense] is immune from |
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civil liability for damages resulting from the submission |
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[communication] unless the submission [communication] was: |
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(1) intentionally, wilfully, or wantonly negligent or |
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false; |
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(2) made [or done] with conscious indifference or |
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reckless disregard for the safety of others; or |
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(3) made to further the commission of a criminal act. |
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(b) A person who in the course and scope of the person's |
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duties or functions receives, forwards, or acts on a tip submitted |
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under Section 414.0015 [report of criminal activity communicated to
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the council or a crime stoppers organization] is immune from civil |
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liability for damages resulting from an act or omission in the |
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performance of the person's duties or functions unless the act or |
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omission was: |
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(1) intentional or[,] wilfully or wantonly negligent; |
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[, or] |
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(2) done with conscious indifference or reckless |
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disregard for the safety of others; or |
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(3) done to further the commission of a criminal act. |
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SECTION 12. Section 351.901(a), Local Government Code, is |
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amended by amending Subdivision (1) and adding Subdivisions (3) and |
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(4) to read as follows: |
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(1) "Crime stoppers organization" means a private, |
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nonprofit organization or a public organization that: |
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(A) is operated on a local or statewide level; |
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(B) accepts [and expends] donations and expends |
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funds for rewards to persons who submit tips under Section |
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414.0015, Government Code [report to the organization information
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about criminal activity]; and |
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(C) forwards the information received from tips |
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to the appropriate law enforcement agency, school district, or |
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open-enrollment charter school. |
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(3) "Open-enrollment charter school" means a school |
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that has been granted a charter under Subchapter D, Chapter 12, |
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Education Code. |
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(4) "School district" means a public school district |
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created under the laws of this state. |
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SECTION 13. This Act takes effect September 1, 2019. |