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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 report to the |
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organization information about criminal activity or conduct or |
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threatened conduct that constitutes a danger to public safety or an |
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individual, and that forwards the information to the appropriate |
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law enforcement agency, school district, or open-enrollment |
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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 report to |
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the organization information about criminal activity or conduct or |
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threatened conduct that constitutes a danger to public safety or an |
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individual, and that forwards the information to the appropriate |
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law enforcement agency, school district, or open-enrollment |
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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. 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 school in this state who participates in the Texas Crime |
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Stoppers Ambassador Program as a non-voting student advisor to the |
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council. |
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SECTION 3. 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 4. 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 report information about criminal acts or conduct or |
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threatened conduct that constitutes a danger to public safety or an |
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individual; |
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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 about criminal acts or conduct |
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or threatened conduct that constitutes a danger to public safety or |
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an individual to the appropriate law enforcement agencies, school |
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districts, and open-enrollment 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 report sex |
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offenders who have failed to register under Chapter 62, Code of |
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Criminal Procedure; |
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(B) encourages individuals to report criminal |
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activity relating to the trafficking of persons, as described under |
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Chapter 20A, Penal Code; and |
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(C) financially rewards each individual who |
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makes a report described by Paragraph (A) or (B) that leads or |
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substantially contributes to the arrest or 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 address criminal |
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activity and conduct or threatened conduct that constitutes a |
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danger to public safety or an individual. |
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SECTION 5. 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 report [Council records relating to
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reports] of a criminal act or conduct or threatened conduct that |
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constitutes a danger to public safety or an individual received by a |
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crime stoppers organization or the council, including the identity |
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of the person who made the report, is [acts are] confidential and is |
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not subject to disclosure under Chapter 552. |
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SECTION 6. 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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of a communication between a person submitting a report [of a
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criminal act] to the council or a crime stoppers organization and a |
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[the] person who accepted the 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 report of criminal |
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activity or conduct or threatened conduct that constitutes a danger |
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to public safety or an individual may not be compelled to be |
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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 |
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report of criminal activity or conduct or threatened conduct that |
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constitutes a danger to public safety or an individual abrogates |
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any part of a cognizable common law cause of action, if the |
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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 report and the charges were |
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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 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 7. 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 otherwise |
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accepts a report of criminal activity or conduct or threatened |
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conduct that constitutes a danger to public safety or an individual |
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on behalf of a crime stoppers organization commits an offense if the |
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person intentionally or knowingly discloses [divulges] to a person |
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not a member of or employed by 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 the [content of a report of a criminal act or the] |
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identity of a [the] person who made a [the] report or the content of |
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a report that reveals the identity of a person who made a report |
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without the person's consent, unless: |
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(1) the person disclosing the information reasonably |
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determines that: |
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(A) failing to disclose the identity of a person |
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who made the report creates a probability of imminent physical |
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injury to another; |
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(B) the report was intentionally, wilfully, or |
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wantonly negligent or made with conscious indifference or reckless |
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disregard for the safety of others; or |
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(C) the report was made to further: |
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(i) the commission of a criminal act; or |
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(ii) a purpose other than the protection of |
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public safety or assistance in the prevention or investigation of a |
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criminal act or conduct or threatened conduct that constitutes a |
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danger to public safety or an individual; 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 8. 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 an |
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account used to pay costs incurred in administering the |
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organization and shall use the remainder of the money, including |
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any interest earned on the money, only for the payment of rewards to |
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[reward] persons who report information concerning criminal |
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activity or conduct or threatened conduct that constitutes a danger |
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to public safety or an individual. Not later than January 31 of |
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each year, a crime stoppers organization that receives or expends |
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money under this section shall file a detailed report with the |
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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 [interest-bearing] account to be |
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used by the organization for law enforcement or public safety |
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purposes as established by council rule and relating to crime |
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stoppers or juvenile justice[, 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 9. 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 information about criminal acts |
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or conduct or threatened conduct that constitutes a danger to |
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public safety or an individual to be reported to the council, crime |
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stoppers organizations, law enforcement agencies, school |
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districts, or open-enrollment charter schools and shall make the |
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telephone service and other reporting systems accessible at all |
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times to persons residing in areas of the state not served by a |
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crime stoppers organization. The council shall forward any [the] |
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information it receives [received] to appropriate crime stoppers |
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organizations, law enforcement agencies, school districts, or |
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open-enrollment charter schools [crime stoppers organization]. |
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SECTION 10. 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 communicates to the council or a crime stoppers organization a |
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report of criminal activity or conduct or threatened conduct that |
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constitutes a danger to public safety or an individual [that leads
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to the arrest of, the filing of charges against, or the conviction
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of a person for a criminal offense] is immune from civil liability |
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for damages resulting from the communication unless the |
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communication was: |
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(1) intentionally, wilfully, or wantonly negligent; |
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(2) made [or done] with conscious indifference or |
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reckless disregard for the safety of others; |
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(3) made to further the commission of a criminal act; |
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or |
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(4) made to further a purpose other than the |
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protection of public safety or assistance in the prevention or |
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investigation of a criminal act or conduct or threatened conduct |
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that constitutes a danger to public safety or an individual. |
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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 report of |
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criminal activity or conduct or threatened conduct that constitutes |
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a danger to public safety or an individual communicated to the |
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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; |
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(3) done to further the commission of a criminal act; |
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or |
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(4) done to further a purpose other than the |
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protection of public safety or assistance in the prevention or |
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investigation of a criminal act or conduct or threatened conduct |
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that constitutes a danger to public safety or an individual. |
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SECTION 11. 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 report to the organization |
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information about criminal activity or conduct or threatened |
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conduct that constitutes a danger to public safety or an |
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individual; and |
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(C) forwards the information to the appropriate |
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law enforcement agency, school district, or open-enrollment |
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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 12. This Act takes effect September 1, 2019. |