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A BILL TO BE ENTITLED
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AN ACT
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relating to the disclosure of crime stoppers tips. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Articles 2.1397(b) and (c), Code of Criminal |
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Procedure, are amended to read as follows: |
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(b) A law enforcement agency filing a case with the attorney |
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representing the state shall submit to the attorney representing |
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the state a written statement by an agency employee with knowledge |
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of the case acknowledging that the following items have been |
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disclosed to the attorney representing the state: |
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(1) all documents, items, and information in the |
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possession of the agency that are required to be disclosed to the |
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defendant in the case under Article 39.14; and |
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(2) any crime stoppers tips that are required to be |
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disclosed to the attorney representing the state under Section |
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414.0015(c), Government Code [have been disclosed to the attorney |
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representing the state]. |
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(c) If at any time after the case is filed with the attorney |
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representing the state the law enforcement agency discovers or |
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acquires any additional document, item, [or] information, or tip |
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described by Subsection (b) [required to be disclosed to the |
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defendant under Article 39.14], an agency employee shall promptly |
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disclose the document, item, [or] information, or tip to the |
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attorney representing the state. |
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SECTION 2. Section 414.0015, Government Code, is amended by |
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adding Subsection (c) to read as follows: |
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(c) A law enforcement agency that receives a tip submitted |
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under Subsection (a) shall disclose the tip to the attorney |
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representing the state if the agency files a case with the attorney |
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representing the state related to the criminal activity or the |
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conduct described in the tip. |
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SECTION 3. Sections 414.008(b), (c), and (d), Government |
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Code, are amended to read as follows: |
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(b) A record of the council, a crime stoppers organization, |
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a law enforcement agency, a school district, or an open-enrollment |
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charter school concerning a tip submitted under Section 414.0015(a) |
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may not be compelled to be produced before a court or other tribunal |
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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 contains impeachment evidence or evidence |
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that is exculpatory or mitigating to the defendant in the trial of |
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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 concerning the tip abrogates any |
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part of a cognizable common law cause of action, if the plaintiff |
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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 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 tip. |
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(c) On motion of a movant under Subsection (b), the court |
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may subpoena the records or report. The court shall conduct an in |
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camera inspection of materials produced under subpoena to determine |
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whether the materials contain: |
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(1) impeachment evidence or evidence that is |
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exculpatory or mitigating to the defendant; or |
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(2) information necessary to a plaintiff as described |
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by Subsection (b)(2). |
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(d) If the court determines that the materials produced |
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contain impeachment evidence or evidence that is exculpatory or |
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mitigating to the defendant or information necessary to a plaintiff |
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as described by Subsection (b)(2), the court shall present the |
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evidence to the movant in a form that does not disclose the identity |
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of the person who was the source of the evidence, unless the state |
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or federal constitution requires the disclosure of that person's |
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identity. The court shall execute an affidavit accompanying the |
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disclosed materials swearing that, in the opinion of the court, the |
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materials disclosed represent the evidence the movant is entitled |
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to receive under this section. |
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SECTION 4. Article 2.1397, Code of Criminal Procedure, as |
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amended by this Act, and Section 414.0015(c), Government Code, as |
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added by this Act, apply only with respect to a case filed with an |
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attorney representing the state on or after the effective date of |
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this Act. A case filed before the effective date of this Act is |
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governed by the law in effect on the date the case was filed, and the |
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former law is continued in effect for that purpose. |
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SECTION 5. This Act takes effect September 1, 2023. |