88R1368 MCF-D
By: González of Dallas H.B. No. 1233
A BILL TO BE ENTITLED
AN ACT
relating to the disclosure of crime stoppers tips.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Articles 2.1397(b) and (c), Code of Criminal
Procedure, are amended to read as follows:
(b) A law enforcement agency filing a case with the attorney
representing the state shall submit to the attorney representing
the state a written statement by an agency employee with knowledge
of the case acknowledging that the following items have been
disclosed to the attorney representing the state:
(1) all documents, items, and information in the
possession of the agency that are required to be disclosed to the
defendant in the case under Article 39.14; and
(2) any crime stoppers tips that are required to be
disclosed to the attorney representing the state under Section
414.0015(c), Government Code [have been disclosed to the attorney
representing the state].
(c) If at any time after the case is filed with the attorney
representing the state the law enforcement agency discovers or
acquires any additional document, item, [or] information, or tip
described by Subsection (b) [required to be disclosed to the
defendant under Article 39.14], an agency employee shall promptly
disclose the document, item, [or] information, or tip to the
attorney representing the state.
SECTION 2. Section 414.0015, Government Code, is amended by
adding Subsection (c) to read as follows:
(c) A law enforcement agency that receives a tip submitted
under Subsection (a) shall disclose the tip to the attorney
representing the state if the agency files a case with the attorney
representing the state related to the criminal activity or the
conduct described in the tip.
SECTION 3. Sections 414.008(b), (c), and (d), Government
Code, are amended to read as follows:
(b) A record of the council, a crime stoppers organization,
a law enforcement agency, a school district, or an open-enrollment
charter school concerning a tip submitted under Section 414.0015(a)
may not be compelled to be produced before a court or other tribunal
except on a motion:
(1) filed in a criminal trial court by a defendant who
alleges that the record contains impeachment evidence or evidence
that is exculpatory or mitigating 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 record concerning the tip 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 tip 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 tip.
(c) On motion of a movant 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) impeachment evidence or evidence that is
exculpatory or mitigating 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 impeachment evidence or evidence that is exculpatory or
mitigating to the defendant or information necessary to a plaintiff
as described by Subsection (b)(2), the court shall present the
evidence to the movant 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 evidence the movant is entitled
to receive under this section.
SECTION 4. Article 2.1397, Code of Criminal Procedure, as
amended by this Act, and Section 414.0015(c), Government Code, as
added by this Act, apply only with respect to a case filed with an
attorney representing the state on or after the effective date of
this Act. A case filed before the effective date of this Act is
governed by the law in effect on the date the case was filed, and the
former law is continued in effect for that purpose.
SECTION 5. This Act takes effect September 1, 2023.