Texas 2023 - 88th Regular

Texas House Bill HB1233 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	88R1368 MCF-D
2	2	By: González of Dallas H.B. No. 1233
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the disclosure of crime stoppers tips.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Articles 2.1397(b) and (c), Code of Criminal
10	10	Procedure, are amended to read as follows:
11	11	(b) A law enforcement agency filing a case with the attorney
12	12	representing the state shall submit to the attorney representing
13	13	the state a written statement by an agency employee with knowledge
14	14	of the case acknowledging that the following items have been
15	15	disclosed to the attorney representing the state:
16	16	(1) all documents, items, and information in the
17	17	possession of the agency that are required to be disclosed to the
18	18	defendant in the case under Article 39.14; and
19	19	(2) any crime stoppers tips that are required to be
20	20	disclosed to the attorney representing the state under Section
21	21	414.0015(c), Government Code [have been disclosed to the attorney
22	22	representing the state].
23	23	(c) If at any time after the case is filed with the attorney
24	24	representing the state the law enforcement agency discovers or
25	25	acquires any additional document, item, [or] information, or tip
26	26	described by Subsection (b) [required to be disclosed to the
27	27	defendant under Article 39.14], an agency employee shall promptly
28	28	disclose the document, item, [or] information, or tip to the
29	29	attorney representing the state.
30	30	SECTION 2. Section 414.0015, Government Code, is amended by
31	31	adding Subsection (c) to read as follows:
32	32	(c) A law enforcement agency that receives a tip submitted
33	33	under Subsection (a) shall disclose the tip to the attorney
34	34	representing the state if the agency files a case with the attorney
35	35	representing the state related to the criminal activity or the
36	36	conduct described in the tip.
37	37	SECTION 3. Sections 414.008(b), (c), and (d), Government
38	38	Code, are amended to read as follows:
39	39	(b) A record of the council, a crime stoppers organization,
40	40	a law enforcement agency, a school district, or an open-enrollment
41	41	charter school concerning a tip submitted under Section 414.0015(a)
42	42	may not be compelled to be produced before a court or other tribunal
43	43	except on a motion:
44	44	(1) filed in a criminal trial court by a defendant who
45	45	alleges that the record contains impeachment evidence or evidence
46	46	that is exculpatory or mitigating to the defendant in the trial of
47	47	that offense; or
48	48	(2) filed in a civil case by a plaintiff who alleges
49	49	that denial of access to the record concerning the tip abrogates any
50	50	part of a cognizable common law cause of action, if the plaintiff
51	51	alleging abrogation:
52	52	(A) was charged with or convicted of a criminal
53	53	offense based at least partially on the tip and the charges were
54	54	dismissed, the plaintiff was acquitted, or the conviction was
55	55	overturned, as applicable; and
56	56	(B) in the motion establishes a prima facie case
57	57	that the plaintiff's abrogated claim is based on injuries from the
58	58	criminal charge or conviction caused by the wrongful acts of
59	59	another performed in connection with the tip.
60	60	(c) On motion of a movant under Subsection (b), the court
61	61	may subpoena the records or report. The court shall conduct an in
62	62	camera inspection of materials produced under subpoena to determine
63	63	whether the materials contain:
64	64	(1) impeachment evidence or evidence that is
65	65	exculpatory or mitigating to the defendant; or
66	66	(2) information necessary to a plaintiff as described
67	67	by Subsection (b)(2).
68	68	(d) If the court determines that the materials produced
69	69	contain impeachment evidence or evidence that is exculpatory or
70	70	mitigating to the defendant or information necessary to a plaintiff
71	71	as described by Subsection (b)(2), the court shall present the
72	72	evidence to the movant in a form that does not disclose the identity
73	73	of the person who was the source of the evidence, unless the state
74	74	or federal constitution requires the disclosure of that person's
75	75	identity. The court shall execute an affidavit accompanying the
76	76	disclosed materials swearing that, in the opinion of the court, the
77	77	materials disclosed represent the evidence the movant is entitled
78	78	to receive under this section.
79	79	SECTION 4. Article 2.1397, Code of Criminal Procedure, as
80	80	amended by this Act, and Section 414.0015(c), Government Code, as
81	81	added by this Act, apply only with respect to a case filed with an
82	82	attorney representing the state on or after the effective date of
83	83	this Act. A case filed before the effective date of this Act is
84	84	governed by the law in effect on the date the case was filed, and the
85	85	former law is continued in effect for that purpose.
86	86	SECTION 5. This Act takes effect September 1, 2023.