Bill Text: TX SB2213 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to the operations of the Texas Crime Stoppers Council and crime stoppers organizations.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2019-03-21 - Referred to Criminal Justice [SB2213 Detail]
Download: Texas-2019-SB2213-Introduced.html
2019S0395-1 03/08/19 | ||
By: Schwertner | S.B. No. 2213 |
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relating to the operations of the Texas Crime Stoppers Council and | ||
crime stoppers organizations. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 414.001, Government Code, is amended by | ||
amending Subdivision (2) and adding Subdivisions (3), (4), and (5) | ||
to read as follows: | ||
(2) "Crime stoppers organization" means: | ||
(A) a private, nonprofit organization that is | ||
operated on a local or statewide level, that accepts [ |
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donations and expends funds for rewards to persons who report to the | ||
organization public safety tips [ |
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enforcement agency, school district, or open-enrollment charter | ||
school; or | ||
(B) a public organization that is operated on a | ||
local or statewide level, that pays rewards to persons who report to | ||
the organization public safety tips [ |
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enforcement agency, school district, or open-enrollment charter | ||
school. | ||
(3) "Open-enrollment charter school" means a school | ||
that has been granted a charter under Subchapter D, Chapter 12, | ||
Education Code. | ||
(4) "School district" means a public school district | ||
created under the laws of this state. | ||
(5) "Public safety tip" means a report submitted to | ||
the council, a crime stoppers organization, or a person accepting | ||
the information on behalf of the council or crime stoppers | ||
organization regarding criminal activity, conduct or threatened | ||
conduct that constitutes a danger to public safety or an | ||
individual, conduct or threatened conduct that would disrupt the | ||
efficient and effective operations of a school district or | ||
open-enrollment charter school, or other activity of interest to | ||
law enforcement agencies, school districts, or open-enrollment | ||
charter schools, including truancy and school rule violations. | ||
SECTION 2. Section 414.005, Government Code, is amended to | ||
read as follows: | ||
Sec. 414.005. DUTIES. The council shall: | ||
(1) encourage, advise, and assist in the creation of | ||
crime stoppers organizations; | ||
(2) foster the detection of crime and encourage | ||
persons to report public safety tips [ |
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(3) encourage news and other media to [ |
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stoppers organizations' operations and programs; | ||
(4) promote the process of crime stoppers | ||
organizations to forward public safety tips [ |
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districts, and open-enrollment charter schools; | ||
(5) help law enforcement agencies detect and combat | ||
crime by increasing the flow of information to and between law | ||
enforcement agencies; | ||
(6) create specialized programs targeted at detecting | ||
specific crimes or types of crimes identified as priorities by the | ||
council, including at least one program that: | ||
(A) encourages individuals to report sex | ||
offenders who have failed to register under Chapter 62, Code of | ||
Criminal Procedure; | ||
(B) encourages individuals to report criminal | ||
activity relating to the trafficking of persons, as described under | ||
Chapter 20A, Penal Code; and | ||
(C) financially rewards each individual who | ||
makes a report described by Paragraph (A) or (B) that leads or | ||
substantially contributes to the arrest or apprehension: | ||
(i) of a sex offender who has failed to | ||
register under Chapter 62, Code of Criminal Procedure; or | ||
(ii) of a person suspected of engaging in | ||
conduct that constitutes an offense under Chapter 20A, Penal Code; | ||
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(7) encourage, advise, and assist crime stoppers | ||
organizations in implementing any programs created under | ||
Subdivision (6), including a program specifically described by | ||
Subdivision (6); and | ||
(8) encourage, advise, and assist in the creation of | ||
campus-based crime stoppers organizations to address criminal | ||
activity, conduct or threatened conduct that constitutes a danger | ||
to public safety or an individual, conduct or threatened conduct | ||
that would disrupt the efficient and effective operations of a | ||
school district or open-enrollment charter school, or other | ||
activity of interest to law enforcement agencies, school districts, | ||
or open-enrollment charter schools, including truancy and school | ||
rule violations. | ||
SECTION 3. Section 414.007, Government Code, is amended to | ||
read as follows: | ||
Sec. 414.007. CONFIDENTIALITY OF CRIME STOPPERS [ |
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RECORDS. A record of the council, a crime stoppers organization, a | ||
law enforcement agency, a school district, or an open-enrollment | ||
charter school relating to a public safety tip, including the | ||
identity of the person who made the report, is [ |
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subject to disclosure under Chapter 552. | ||
SECTION 4. Sections 414.008(a), (b), and (e), Government | ||
Code, are amended to read as follows: | ||
(a) Except as otherwise provided by this section, evidence | ||
of a public safety tip [ |
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administrative proceeding. | ||
(b) A record [ |
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organization, a law enforcement agency, a school district, or an | ||
open-enrollment charter school concerning a public safety tip [ |
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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 [ |
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is exculpatory 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 [ |
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public safety tip [ |
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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 report 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 report. | ||
(e) The court shall return to the council, [ |
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stoppers organization, law enforcement agency, school district, or | ||
open-enrollment charter school the materials that are produced | ||
under this section but not disclosed to the movant. The council, | ||
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district, or open-enrollment charter school shall store the | ||
materials at least until the first anniversary of the following | ||
appropriate date: | ||
(1) the date of expiration of the time for all direct | ||
appeals in a criminal case; or | ||
(2) the date a plaintiff's right to appeal in a civil | ||
case is exhausted. | ||
SECTION 5. Section 414.009(a), Government Code, is amended | ||
to read as follows: | ||
(a) A person who is a member or employee of the council, a | ||
crime stoppers organization, a law enforcement agency, a school | ||
district, or an open-enrollment charter school, or who receives a | ||
public safety tip from or [ |
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organization, commits an offense if the person intentionally or | ||
knowingly discloses [ |
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employed by the council, a crime stoppers organization, a law | ||
enforcement agency, a school district, or an open-enrollment | ||
charter school the [ |
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identity of a [ |
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content of a public safety tip [ |
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the person who made the report, unless: | ||
(1) the person disclosing the information has received | ||
authorization from the chief executive of the originating crime | ||
stoppers organization, who has reasonably determined that failing | ||
to disclose the identity of a person who made the report creates a | ||
probability of imminent physical injury to another; or | ||
(2) the disclosure is otherwise required by law or | ||
court order. | ||
SECTION 6. Sections 414.010(a) and (d), Government Code, | ||
are amended to read as follows: | ||
(a) Except as provided by Subsection (d), a crime stoppers | ||
organization certified by the council to receive money in the form | ||
of payments from defendants placed on community supervision under | ||
Chapter 42A, Code of Criminal Procedure, or money in the form of | ||
repayments of rewards under Articles 37.073 and 42.152, Code of | ||
Criminal Procedure, may transfer [ |
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the money [ |
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used to pay costs incurred in administering the organization and | ||
shall use the remainder of the money, including any interest earned | ||
on the money, only for the payment of rewards to [ |
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who report public safety tips [ |
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organization that receives or expends money under this section | ||
shall file a detailed report with the council. | ||
(d) If the amount of funds accumulated [ |
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stoppers organization under this section exceeds [ |
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total amount of [ |
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paid by the organization during [ |
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three fiscal years, the organization may deposit the excess amount | ||
of funds in a separate [ |
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organization for crime solving and crime prevention [ |
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apprehension, and adjudication. An organization that deposits | ||
excess funds in an account as provided by this subsection may use | ||
any interest earned on the funds to pay costs incurred in | ||
administering the organization. | ||
SECTION 7. Section 414.012, Government Code, is amended to | ||
read as follows: | ||
Sec. 414.012. STATEWIDE CRIME REPORTING SYSTEMS. The | ||
council shall establish a free statewide telephone service and | ||
other appropriate systems to allow public safety tips [ |
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the telephone service and other reporting systems accessible at all | ||
times to persons residing in areas of the state not served by a | ||
crime stoppers organization. The council shall forward any [ |
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information it receives [ |
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agencies or crime stoppers organization. | ||
SECTION 8. Section 414.013, Government Code, is amended to | ||
read as follows: | ||
Sec. 414.013. IMMUNITY FROM CIVIL LIABILITY. (a) A person | ||
who communicates to the council or a crime stoppers organization a | ||
public safety tip [ |
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damages resulting from the communication unless the communication | ||
was intentionally, wilfully, or wantonly negligent or done with | ||
conscious indifference or reckless disregard for the safety of | ||
others. | ||
(b) A person who in the course and scope of the person's | ||
duties or functions receives, forwards, or acts on a public safety | ||
tip [ |
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crime stoppers organization is immune from civil liability for | ||
damages resulting from an act or omission in the performance of the | ||
person's duties or functions unless the act or omission was | ||
intentionally, wilfully, or wantonly negligent or done with | ||
conscious indifference or reckless disregard for the safety of | ||
others. | ||
SECTION 9. Section 351.901(a), Local Government Code, is | ||
amended by amending Subdivision (1) and adding Subdivisions (3) and | ||
(4) to read as follows: | ||
(1) "Crime stoppers organization" means a private, | ||
nonprofit organization or a public organization that: | ||
(A) is operated on a local or statewide level; | ||
(B) accepts [ |
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funds for rewards to persons who report to the organization | ||
information about criminal activity, conduct or threatened conduct | ||
that constitutes a danger to public safety or an individual, | ||
conduct or threatened conduct that would disrupt the efficient and | ||
effective operations of a school district or open-enrollment | ||
charter school, or other activity of interest to law enforcement | ||
agencies, school districts, or open-enrollment charter schools, | ||
including truancy and school rule violations; and | ||
(C) forwards the information to the appropriate | ||
law enforcement agency, school district, or open-enrollment | ||
charter school. | ||
(3) "Open-enrollment charter school" means a school | ||
that has been granted a charter under Subchapter D, Chapter 12, | ||
Education Code. | ||
(4) "School district" means a public school district | ||
created under the laws of this state. | ||
SECTION 10. This Act takes effect September 1, 2019. |