2005 Texas Government Code CHAPTER 414. CRIME STOPPERS ADVISORY COUNCIL

GOVERNMENT CODE

CHAPTER 414. CRIME STOPPERS ADVISORY COUNCIL


	§ 414.001. DEFINITIONS.  In this chapter:                                   
		(1)  "Council" means the Crime Stoppers Advisory 
Council.                   
		(2)  "Crime stoppers organization" means:                                     
			(A)  a private, nonprofit organization that is 
operated on a local or statewide level, that accepts and expends 
donations for rewards to persons who report to the organization 
information about criminal activity and that forwards the 
information to the appropriate law enforcement agency;  or
			(B)  a public organization that is operated on a 
local or statewide level, that pays rewards to persons who report to 
the organization information about criminal activity, and that 
forwards the information to the appropriate law enforcement agency.

Acts 1987, 70th Leg., ch. 147, § 1, eff. Sept. 1, 1987.  Amended 
by Acts 1997, 75th Leg., ch. 700, § 2, eff. Sept. 1, 1997;  Acts 
1999, 76th Leg., ch. 1560, § 1, eff. June 19, 1999.


	§ 414.002. ORGANIZATION OF COUNCIL.  (a) The Crime 
Stoppers Advisory Council is within the criminal justice division 
of the governor's office.
	(b)  The council consists of five members appointed by the 
governor with the advice and consent of the senate.  At least three 
members must be persons who have participated in a crime stoppers 
organization in any of the following capacities:
		(1)  as a law enforcement coordinator;                                        
		(2)  as a member of the board of directors;                                   
		(3)  as a media representative;  or                                           
		(4)  as an administrative officer.                                            
	(c)  The term of office of a member is four years.                             
	(d)  At its first meeting after the beginning of each fiscal 
year the council shall elect from among its members a chairman and 
other officers that the council considers necessary.
	(e)  Repealed by Acts 1991, 72nd Leg., 1st C.S., ch. 17, § 
7.01(9), eff. Nov. 12, 1991.

Acts 1987, 70th Leg., ch. 147, § 1, eff. Sept. 1, 1987.  Amended 
by Acts 1991, 72nd Leg., 1st C.S., ch. 17, § 7.01(9), eff. Nov. 
12, 1991;  Acts 1997, 75th Leg., ch. 700, § 3, eff;  Sept. 1, 
1997;  Acts 1999, 76th Leg., ch. 940, § 1, eff. Aug. 30, 1999;  
Acts 1999, 76th Leg., ch. 1560, § 1, eff. June 19, 1999.


	§ 414.003. PER DIEM AND EXPENSES.  A member of the council 
is entitled to:
		(1)  a per diem as determined by appropriation;  and                          
		(2)  reimbursement for actual and necessary expenses 
incurred in performing duties as a member.

Acts 1987, 70th Leg., ch. 147, § 1, eff. Sept. 1, 1987.  Amended 
by Acts 1999, 76th Leg., ch. 1560, § 1, eff. June 19, 1999.


	§ 414.004. DIRECTOR.  The council and the executive 
director of the criminal justice division of the governor's office 
shall designate a person to serve as director.  The director must be 
approved by the governor.  The council shall define the director's 
authority and responsibilities.

Acts 1987, 70th Leg., ch. 147, § 1, eff. Sept. 1, 1987.  Amended 
by Acts 1999, 76th Leg., ch. 1560, § 1, eff. June 19, 1999.


	§ 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 information about criminal acts;
		(3)  encourage news and other media to broadcast 
reenactments and to inform the public of the functions of crime 
stoppers organizations' operations and programs;
		(4)  promote the process of crime stoppers 
organizations to forward information about criminal acts to the 
appropriate law enforcement agencies;  and
		(5)  help law enforcement agencies detect and combat 
crime by increasing the flow of information to and between law 
enforcement agencies.

Acts 1987, 70th Leg., ch. 147, § 1, eff. Sept. 1, 1987.  Amended 
by Acts 1997, 75th Leg., ch. 700, § 4, eff. Sept. 1, 1997;  Acts 
1999, 76th Leg., ch. 1560, § 1, eff. June 19, 1999.


	§ 414.006. RULES.  The council may adopt rules to carry 
out its functions under this chapter.  The rules adopted by the 
council shall not conflict with rules relating to grants adopted by 
the criminal justice division of the governor's office.

Acts 1987, 70th Leg., ch. 147, § 1, eff. Sept. 1, 1987.  Amended 
by Acts 1999, 76th Leg., ch. 1560, § 1, eff. June 19, 1999.


	§ 414.007. CONFIDENTIALITY OF COUNCIL RECORDS.  Council 
records relating to reports of criminal acts are confidential.

Acts 1987, 70th Leg., ch. 147, § 1, eff. Sept. 1, 1987.  Amended 
by Acts 1999, 76th Leg., ch. 1560, § 1, eff. June 19, 1999.


	§ 414.008. PRIVILEGED INFORMATION.  (a) Except as 
otherwise provided by this section, evidence of a communication 
between a person submitting a report of a criminal act to the 
council or a crime stoppers organization and the person who 
accepted the report on behalf of the council or organization is not 
admissible in a court or an administrative proceeding.
	(b)  Records of the council or a crime stoppers organization 
concerning a report of criminal activity 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 records or report contains evidence that 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 records concerning the report of 
criminal activity 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 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.
	(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)  evidence that is exculpatory 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 evidence that is exculpatory 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.
	(e)  The court shall return to the council or crime stoppers 
organization the materials that are produced under this section but 
not disclosed to the movant. The council or crime stoppers 
organization 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.   

Acts 1987, 70th Leg., ch. 147, § 1, eff. Sept. 1, 1987.  Amended 
by Acts 1993, 73rd Leg., ch. 711, § 1, eff. Sept. 1, 1993;  Acts 
1997, 75th Leg., ch. 700, § 5, eff. Sept. 1, 1997;  Acts 1999, 
76th Leg., ch. 1560, § 1, eff. June 19, 1999;  Acts 2003, 78th 
Leg., ch. 233, § 1, eff. Sept. 1, 2003.

Validity                                                                      

Application of this section held to violate State Constitution.  
See In re Hinterlong, 109 S.W.3d 611.


	§ 414.009. MISUSE OF INFORMATION.  (a) A person who is a 
member or employee of the council or who accepts a report of 
criminal activity on behalf of a crime stoppers organization 
commits an offense if the person intentionally or knowingly 
divulges to a person not employed by a law enforcement agency the 
content of a report of a criminal act or the identity of the person 
who made the report without the consent of the person who made the 
report.
	(b)  An offense under this section is a Class A misdemeanor, 
except that an offense under this section is a third degree felony 
if the offense is committed with intent to obtain monetary gain or 
other benefit.
	(c)  A person convicted of an offense under this section is 
not eligible for state employment during the five-year period 
following the date that the conviction becomes final.

Acts 1987, 70th Leg., ch. 147, § 1, eff. Sept. 1, 1987.  Amended 
by Acts 1997, 75th Leg., ch. 700, § 6, eff. Sept. 1, 1997;  Acts 
1999, 76th Leg., ch. 1560, § 1, eff. June 19, 1999.


	§ 414.010. PAYMENTS FROM DEFENDANTS ON COMMUNITY 
SUPERVISION;  REWARD REPAYMENTS.  (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 Article 42.12, 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 
use not more than 20 percent of the money annually received to pay 
costs incurred in administering the organization and shall use the 
remainder of the money, including any interest earned on the money, 
only to reward persons who report information concerning criminal 
activity.  Not later than January 31 of each year, a crime stoppers 
organization that receives or expends money under this section 
shall file a detailed report with the council.
	(b)  A crime stoppers organization shall establish a 
separate reward account for money received under this section.
	(c)  Not later than the 60th day after the date of 
dissolution or decertification of a crime stoppers organization, a 
dissolved or decertified organization shall forward all unexpended 
money received under this section to the comptroller.  The 
comptroller shall deposit the money in the crime stoppers 
assistance account in the general revenue fund.
	(d)  If the amount of funds received by a crime stoppers 
organization under this section exceeds three times the amount of 
funds that the organization uses to pay rewards during a fiscal year 
based on the average amount of funds used to pay rewards during each 
of the preceding three fiscal years, the organization may deposit 
the excess amount of funds in a separate interest-bearing account 
to be used by the organization for law enforcement purposes 
relating to crime stoppers or juvenile justice, including 
intervention, 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.

Added by Acts 1989, 71st Leg., ch. 86, § 2, eff. Aug. 28, 1989.  
Amended by Acts 1995, 74th Leg., ch. 321, § 3.019, eff. Sept. 1, 
1995;  Acts 1995, 74th Leg., ch. 756, § 1, eff. Sept. 1, 1995;  
Acts 1997, 75th Leg., ch. 700, § 7, eff. Sept. 1, 1997;  Acts 
1999, 76th Leg., ch. 1466, § 1, eff. Sept. 1, 1999;  Acts 1999, 
76th Leg., ch. 1560, § 1, eff. June 19, 1999;  Acts 2001, 77th 
Leg., ch. 390, § 1, eff. Sept. 1, 2001.


	§ 414.011. CERTIFICATION OF ORGANIZATIONS TO RECEIVE 
PAYMENTS AND REWARD REPAYMENTS.  (a) The council shall, on 
application by a crime stoppers organization, determine whether the 
organization is qualified to receive repayments of rewards under 
Articles 37.073 and 42.152, Code of Criminal Procedure, or payments 
from a defendant under Article 42.12, Code of Criminal Procedure.  
The council shall certify a crime stoppers organization to receive 
those repayments or payments if, considering the organization, 
continuity, leadership, community support, and general conduct of 
the crime stoppers organization, the council determines that the 
repayments or payments will be spent to further the crime 
prevention purposes of the organization.
	(b)  Each crime stoppers organization certified by the 
council to receive repayments under Articles 37.073 and 42.152, 
Code of Criminal Procedure, or payments from a defendant under 
Article 42.12, Code of Criminal Procedure, is subject to a review or 
audit, including financial and programmatic reviews or audits, of 
finances or programs at the direction of the criminal justice 
division of the governor's office or its designee.  A copy of the 
review or audit report shall be submitted to the criminal justice 
division.
	(c)  The criminal justice division of the governor's office 
or its designee shall draft rules for adoption by the council 
relating to a review or audit requested pursuant to Subsection (b).
	(d)  A certification issued by the council is valid for a 
period of two years.  During this two-year period, the council shall 
decertify a crime stoppers organization if it determines that the 
organization no longer meets the certification requirements.
	(e)  The council shall approve a crime stoppers organization 
for purposes of Subsection (a) of this section even if a judge has 
not requested a determination for that organization and shall 
maintain a current list of organizations approved for that purpose.

Added by Acts 1989, 71st Leg., ch. 611, § 4, eff. Sept. 1, 1989.  
Renumbered from V.T.C.A., Government Code § 414.010 by Acts 
1990, 71st Leg., 6th C.S., ch. 12, § 2(4), eff. Sept. 6, 1990.  
Amended by Acts 1993, 73rd Leg., ch. 711, § 2, eff. Sept. 1, 
1993;  Acts 1995, 74th Leg., ch. 756, § 2, eff. Sept. 1, 1995;  
Acts 1997, 75th Leg., ch. 700, § 8, eff. Sept. 1, 1997;  Acts 
1999, 76th Leg., ch. 1560, § 1, eff. June 19, 1999.


	§ 414.012. TOLL-FREE TELEPHONE SERVICE.  The council 
shall establish and operate a toll-free telephone service and make 
the service accessible to persons residing in areas of the state not 
served by a crime stoppers organization for reporting to the 
council information about criminal acts.  The toll-free service 
must be available between the hours of 5 p.m. and 8 a.m. Monday 
through Thursday and from 5 p.m. Friday until 8 a.m. Monday.  The 
council shall forward the information received to appropriate law 
enforcement agencies or crime stoppers organization.

Added by Acts 1993, 73rd Leg., ch. 807, § 1, eff. Aug. 30, 1993.  
Amended by Acts 1997, 75th Leg., ch. 700, § 9, eff. Sept. 1, 
1997;  Acts 1999, 76th Leg., ch. 1560, § 1, eff. June 19, 1999.


	§ 414.013. IMMUNITY FROM CIVIL LIABILITY.  (a) A person 
who communicates to the council or a crime stoppers organization a 
report of criminal activity that leads to the arrest of, the filing 
of charges against, or the conviction of a person for a criminal 
offense is immune from civil liability for 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 report of 
criminal activity communicated to the council or a 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 intentional, wilfully or 
wantonly negligent, or done with conscious indifference or reckless 
disregard for the safety of others.

Added by Acts 2003, 78th Leg., ch. 233, § 2, eff. Sept. 1, 2003.