SB 706 — Crime Stoppers Organizations

DOCUMENTFlorida UNAVAILABLESenate - 2018 CS for CS for SB 706 By the Committees on Judiciary;

and Criminal Justice;

and Senators Steube and Grimsley 590-03201-18 2018706c2 A bill to be entitled An act relating to crime stoppers organizations;

creating s.

90.595, F.S.;

defining terms;

prohibiting a person who engages in privileged communication, a law enforcement crime stoppers coordinator or his or her staff, or an officer, a director, or an employee of a crime stoppers organization from being required to disclose or produce privileged communications or protected information;

providing an exception;

authorizing a person charged with a criminal offense to petition the court to inspect the protected information under certain circumstances;

authorizing a court to disclose all or a portion of the protected information;

providing criminal penalties;

providing an effective date.

17 Be It Enacted by the Legislature of the State of Florida:

19 Section 1. Section 90.595, Florida Statutes, is created to read:

90.595 Privileged communication with and the provision of protected information to crime stoppers organizations.— (1) As used in this section, the term:

(a) “Crime stoppers organization” means a private not-for profit organization that collects and expends donations for rewards to persons who report to the organization information concerning criminal activity and forwards that information to appropriate law enforcement agencies.

(b) “Privileged communication” means a communication made to a crime stoppers organization for the purpose of reporting alleged criminal activity.

(c) “Protected information” includes the identity of a person who engages in privileged communication with a crime stoppers organization and any records, recordings, oral or written statements, papers, documents, or other tangible things provided to or collected by a crime stoppers organization, a law enforcement crime stoppers coordinator or his or her staff, or a law enforcement agency in connection with such privileged communication.

(2) A person who engages in privileged communication under this section, a law enforcement crime stoppers coordinator or his or her staff, or an officer, director, or employee of a crime stoppers organization may not be required:

(a) To disclose, by way of testimony or any other means, a privileged communication or protected information unless such failure to disclose would infringe on the constitutional rights of an accused person.

(b) To produce, under subpoena, any records, documentary evidence, opinions, or decisions relating to such privileged communication or protected information:

1. In connection with a criminal case, criminal proceeding, or any administrative hearing;

or 2. By way of any discovery procedure.

(3)(a) A person charged with a criminal offense may petition the court for inspection in camera of the protected information.

The petition must allege that the protected information meets all of the following criteria:

1. Provides evidence favorable to the defendant.

2. Is specifically related to the determination of the innocence or guilt of the defendant.

3. Is such that, if it is not disclosed, will cause a deprivation of a constitutional right of the defendant.

(b) If the court determines that all of the criteria specified in paragraph (a) are satisfied, the court may order the production and disclosure of all or any part of the protected information, while, to the fullest extent possible, protecting the identity of the persons who engaged in privileged communication.

(4) A person, other than the person who provides the privileged communication, who discloses any information related to privileged communication or protected information to a person other than a law enforcement officer or an employee of a law enforcement agency commits a felony of the third degree, punishable as provided in s.

775.082, s.

775.083, or s.

775.083.

Section 2. This act shall take effect October 1, 2018.