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.