Texas 2019 - 86th Regular

Texas Senate Bill SB2213 Compare Versions

Only one version of the bill is available at this time.

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1	1	2019S0395-1 03/08/19
2	2	By: Schwertner S.B. No. 2213
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the operations of the Texas Crime Stoppers Council and
8	8	crime stoppers organizations.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 414.001, Government Code, is amended by
11	11	amending Subdivision (2) and adding Subdivisions (3), (4), and (5)
12	12	to read as follows:
13	13	(2) "Crime stoppers organization" means:
14	14	(A) a private, nonprofit organization that is
15	15	operated on a local or statewide level, that accepts [and expends]
16	16	donations and expends funds for rewards to persons who report to the
17	17	organization public safety tips [information about criminal
18	18	activity] and that forwards the information to the appropriate law
19	19	enforcement agency, school district, or open-enrollment charter
20	20	school; or
21	21	(B) a public organization that is operated on a
22	22	local or statewide level, that pays rewards to persons who report to
23	23	the organization public safety tips [information about criminal
24	24	activity], and that forwards the information to the appropriate law
25	25	enforcement agency, school district, or open-enrollment charter
26	26	school.
27	27	(3) "Open-enrollment charter school" means a school
28	28	that has been granted a charter under Subchapter D, Chapter 12,
29	29	Education Code.
30	30	(4) "School district" means a public school district
31	31	created under the laws of this state.
32	32	(5) "Public safety tip" means a report submitted to
33	33	the council, a crime stoppers organization, or a person accepting
34	34	the information on behalf of the council or crime stoppers
35	35	organization regarding criminal activity, conduct or threatened
36	36	conduct that constitutes a danger to public safety or an
37	37	individual, conduct or threatened conduct that would disrupt the
38	38	efficient and effective operations of a school district or
39	39	open-enrollment charter school, or other activity of interest to
40	40	law enforcement agencies, school districts, or open-enrollment
41	41	charter schools, including truancy and school rule violations.
42	42	SECTION 2. Section 414.005, Government Code, is amended to
43	43	read as follows:
44	44	Sec. 414.005. DUTIES. The council shall:
45	45	(1) encourage, advise, and assist in the creation of
46	46	crime stoppers organizations;
47	47	(2) foster the detection of crime and encourage
48	48	persons to report public safety tips [information about criminal
49	49	acts];
50	50	(3) encourage news and other media to [broadcast
51	51	reenactments and to] inform the public of the functions of crime
52	52	stoppers organizations' operations and programs;
53	53	(4) promote the process of crime stoppers
54	54	organizations to forward public safety tips [information about
55	55	criminal acts] to the appropriate law enforcement agencies, school
56	56	districts, and open-enrollment charter schools;
57	57	(5) help law enforcement agencies detect and combat
58	58	crime by increasing the flow of information to and between law
59	59	enforcement agencies;
60	60	(6) create specialized programs targeted at detecting
61	61	specific crimes or types of crimes identified as priorities by the
62	62	council, including at least one program that:
63	63	(A) encourages individuals to report sex
64	64	offenders who have failed to register under Chapter 62, Code of
65	65	Criminal Procedure;
66	66	(B) encourages individuals to report criminal
67	67	activity relating to the trafficking of persons, as described under
68	68	Chapter 20A, Penal Code; and
69	69	(C) financially rewards each individual who
70	70	makes a report described by Paragraph (A) or (B) that leads or
71	71	substantially contributes to the arrest or apprehension:
72	72	(i) of a sex offender who has failed to
73	73	register under Chapter 62, Code of Criminal Procedure; or
74	74	(ii) of a person suspected of engaging in
75	75	conduct that constitutes an offense under Chapter 20A, Penal Code;
76	76	[and]
77	77	(7) encourage, advise, and assist crime stoppers
78	78	organizations in implementing any programs created under
79	79	Subdivision (6), including a program specifically described by
80	80	Subdivision (6); and
81	81	(8) encourage, advise, and assist in the creation of
82	82	campus-based crime stoppers organizations to address criminal
83	83	activity, conduct or threatened conduct that constitutes a danger
84	84	to public safety or an individual, conduct or threatened conduct
85	85	that would disrupt the efficient and effective operations of a
86	86	school district or open-enrollment charter school, or other
87	87	activity of interest to law enforcement agencies, school districts,
88	88	or open-enrollment charter schools, including truancy and school
89	89	rule violations.
90	90	SECTION 3. Section 414.007, Government Code, is amended to
91	91	read as follows:
92	92	Sec. 414.007. CONFIDENTIALITY OF CRIME STOPPERS [COUNCIL]
93	93	RECORDS. A record of the council, a crime stoppers organization, a
94	94	law enforcement agency, a school district, or an open-enrollment
95	95	charter school relating to a public safety tip, including the
96	96	identity of the person who made the report, is [Council records
97	97	relating to reports of criminal acts are] confidential and is not
98	98	subject to disclosure under Chapter 552.
99	99	SECTION 4. Sections 414.008(a), (b), and (e), Government
100	100	Code, are amended to read as follows:
101	101	(a) Except as otherwise provided by this section, evidence
102	102	of a public safety tip [a communication between a person submitting
103	103	a report of a criminal act to the council or a crime stoppers
104	104	organization and the person who accepted the report on behalf of the
105	105	council or organization] is not admissible in a court or an
106	106	administrative proceeding.
107	107	(b) A record [Records] of the council, [or] a crime stoppers
108	108	organization, a law enforcement agency, a school district, or an
109	109	open-enrollment charter school concerning a public safety tip [a
110	110	report of criminal activity] may not be compelled to be produced
111	111	before a court or other tribunal except on a motion:
112	112	(1) filed in a criminal trial court by a defendant who
113	113	alleges that the record [records] or report contains evidence that
114	114	is exculpatory to the defendant in the trial of that offense; or
115	115	(2) filed in a civil case by a plaintiff who alleges
116	116	that denial of access to the record [the records] concerning the
117	117	public safety tip [report of criminal activity] abrogates any part
118	118	of a cognizable common law cause of action, if the plaintiff
119	119	alleging abrogation:
120	120	(A) was charged with or convicted of a criminal
121	121	offense based at least partially on the report and the charges were
122	122	dismissed, the plaintiff was acquitted, or the conviction was
123	123	overturned, as applicable; and
124	124	(B) in the motion establishes a prima facie case
125	125	that the plaintiff's abrogated claim is based on injuries from the
126	126	criminal charge or conviction caused by the wrongful acts of
127	127	another performed in connection with the report.
128	128	(e) The court shall return to the council, [or] crime
129	129	stoppers organization, law enforcement agency, school district, or
130	130	open-enrollment charter school the materials that are produced
131	131	under this section but not disclosed to the movant. The council,
132	132	[or] crime stoppers organization, law enforcement agency, school
133	133	district, or open-enrollment charter school shall store the
134	134	materials at least until the first anniversary of the following
135	135	appropriate date:
136	136	(1) the date of expiration of the time for all direct
137	137	appeals in a criminal case; or
138	138	(2) the date a plaintiff's right to appeal in a civil
139	139	case is exhausted.
140	140	SECTION 5. Section 414.009(a), Government Code, is amended
141	141	to read as follows:
142	142	(a) A person who is a member or employee of the council, a
143	143	crime stoppers organization, a law enforcement agency, a school
144	144	district, or an open-enrollment charter school, or who receives a
145	145	public safety tip from or [who accepts a report of criminal
146	146	activity] on behalf of the council or a crime stoppers
147	147	organization, commits an offense if the person intentionally or
148	148	knowingly discloses [divulges] to a person not a member of or
149	149	employed by the council, a crime stoppers organization, a law
150	150	enforcement agency, a school district, or an open-enrollment
151	151	charter school the [content of a report of a criminal act or the]
152	152	identity of a [the] person who made a public safety tip or the
153	153	content of a public safety tip [the report] without the consent of
154	154	the person who made the report, unless:
155	155	(1) the person disclosing the information has received
156	156	authorization from the chief executive of the originating crime
157	157	stoppers organization, who has reasonably determined that failing
158	158	to disclose the identity of a person who made the report creates a
159	159	probability of imminent physical injury to another; or
160	160	(2) the disclosure is otherwise required by law or
161	161	court order.
162	162	SECTION 6. Sections 414.010(a) and (d), Government Code,
163	163	are amended to read as follows:
164	164	(a) Except as provided by Subsection (d), a crime stoppers
165	165	organization certified by the council to receive money in the form
166	166	of payments from defendants placed on community supervision under
167	167	Chapter 42A, Code of Criminal Procedure, or money in the form of
168	168	repayments of rewards under Articles 37.073 and 42.152, Code of
169	169	Criminal Procedure, may transfer [use] not more than 20 percent of
170	170	the money [annually] received during each calendar year to accounts
171	171	used to pay costs incurred in administering the organization and
172	172	shall use the remainder of the money, including any interest earned
173	173	on the money, only for the payment of rewards to [reward] persons
174	174	who report public safety tips [information concerning criminal
175	175	activity]. Not later than January 31 of each year, a crime stoppers
176	176	organization that receives or expends money under this section
177	177	shall file a detailed report with the council.
178	178	(d) If the amount of funds accumulated [received] by a crime
179	179	stoppers organization under this section exceeds [three times] the
180	180	total amount of [funds that the organization uses to pay] rewards
181	181	paid by the organization during [a fiscal year based on the average
182	182	amount of funds used to pay rewards during each of] the preceding
183	183	three fiscal years, the organization may deposit the excess amount
184	184	of funds in a separate [interest-bearing] account to be used by the
185	185	organization for crime solving and crime prevention [law
186	186	enforcement] purposes of the organization [relating to crime
187	187	stoppers or juvenile justice], including intervention,
188	188	apprehension, and adjudication. An organization that deposits
189	189	excess funds in an account as provided by this subsection may use
190	190	any interest earned on the funds to pay costs incurred in
191	191	administering the organization.
192	192	SECTION 7. Section 414.012, Government Code, is amended to
193	193	read as follows:
194	194	Sec. 414.012. STATEWIDE CRIME REPORTING SYSTEMS. The
195	195	council shall establish a free statewide telephone service and
196	196	other appropriate systems to allow public safety tips [information
197	197	about criminal acts] to be reported to the council and shall make
198	198	the telephone service and other reporting systems accessible at all
199	199	times to persons residing in areas of the state not served by a
200	200	crime stoppers organization. The council shall forward any [the]
201	201	information it receives [received] to appropriate law enforcement
202	202	agencies or crime stoppers organization.
203	203	SECTION 8. Section 414.013, Government Code, is amended to
204	204	read as follows:
205	205	Sec. 414.013. IMMUNITY FROM CIVIL LIABILITY. (a) A person
206	206	who communicates to the council or a crime stoppers organization a
207	207	public safety tip [a report of criminal activity that leads to the
208	208	arrest of, the filing of charges against, or the conviction of a
209	209	person for a criminal offense] is immune from civil liability for
210	210	damages resulting from the communication unless the communication
211	211	was intentionally, wilfully, or wantonly negligent or done with
212	212	conscious indifference or reckless disregard for the safety of
213	213	others.
214	214	(b) A person who in the course and scope of the person's
215	215	duties or functions receives, forwards, or acts on a public safety
216	216	tip [a report of criminal activity] communicated to the council or a
217	217	crime stoppers organization is immune from civil liability for
218	218	damages resulting from an act or omission in the performance of the
219	219	person's duties or functions unless the act or omission was
220	220	intentionally, wilfully, or wantonly negligent or done with
221	221	conscious indifference or reckless disregard for the safety of
222	222	others.
223	223	SECTION 9. Section 351.901(a), Local Government Code, is
224	224	amended by amending Subdivision (1) and adding Subdivisions (3) and
225	225	(4) to read as follows:
226	226	(1) "Crime stoppers organization" means a private,
227	227	nonprofit organization or a public organization that:
228	228	(A) is operated on a local or statewide level;
229	229	(B) accepts [and expends] donations and expends
230	230	funds for rewards to persons who report to the organization
231	231	information about criminal activity, conduct or threatened conduct
232	232	that constitutes a danger to public safety or an individual,
233	233	conduct or threatened conduct that would disrupt the efficient and
234	234	effective operations of a school district or open-enrollment
235	235	charter school, or other activity of interest to law enforcement
236	236	agencies, school districts, or open-enrollment charter schools,
237	237	including truancy and school rule violations; and
238	238	(C) forwards the information to the appropriate
239	239	law enforcement agency, school district, or open-enrollment
240	240	charter school.
241	241	(3) "Open-enrollment charter school" means a school
242	242	that has been granted a charter under Subchapter D, Chapter 12,
243	243	Education Code.
244	244	(4) "School district" means a public school district
245	245	created under the laws of this state.
246	246	SECTION 10. This Act takes effect September 1, 2019.