BILL ANALYSIS



C.S.H.B. 3044
By: Puente
5-8-95
Committee Report (Substituted)


BACKGROUND

A great deal of taxpayer money is being used to house non-violent
offenders while violent criminals are often released early or given
lighter sentences because of prison overcrowding.  Restitution to
victims is minimal when non-violent offenders sit in jail cells. 
When a non-violent offender is incarcerated and he is the only
source of income for a family, the family may be forced to go on
welfare.  The taxpayers must then shoulder yet another burden.  
Often, when a jury learns the costs of imprisoning a non-violent
offender, they will consider other forms of punishment.  Violent
criminals need to be incarcerated, yet the public should be made
aware of the expense of this form of punishment.

PURPOSE

If enacted, C.S.H.B. 3044 would require the state bar to inform
jurors of the relative monthly costs to the state for imposing
confinement on a convicted felon.  It would also require the state
bar to include information on costs of punishment in the first
annual update of the uniform jury handbook.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly
grant any additional rulemaking authority to a state officer,
department, agency, or institution.

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 23.202, Government Code (UNIFORM JURY
HANDBOOK; CONTENTS), by amending Subsection (a) and adding
Subsection (c) as follows:

     (a) requires the state bar to include information in the
     uniform jury handbook that informs jurors of the relative
     monthly costs to the state for imposing confinement as
     punishment on conviction of a felony.

     (c) requires the state bar, after consultation with certain
     agencies, to determine the average monthly costs of confining
     an individual convicted of a felony punishable by confinement
     in the Texas Department of Criminal Justice.

SECTION 2.  Requires the state bar to include information on the
costs of punishment in criminal cases in the first annual update of
the uniform jury handbook that is completed by the state bar after
September 1, 1995.

SECTION 3.  Emergency clause.  Effective upon passage.

COMPARISON OF ORIGINAL TO SUBSTITUTE

The captions of the original and the substitute differ.  Whereas
the original bill's caption related to the attaching of a fiscal
note of the punishment to a judge and jury, the substitute's
caption relates to informing the jury of the costs of sanctions
available.  

SECTION 1 of the original amends Article 37.07, Code of Criminal
Procedure, by requiring the district clerk to deliver a fiscal note
of the punishment to a judge and jury.  SECTION 1 of the substitute
amends Section 23.202, Government Code, by expanding the list of
duties required of the state bar.  These now include:  informing
the jury, through the uniform jury handbook, of monthly confinement
costs of a convicted felon; and determining average monthly costs
of an individual's confinement in the Texas Department of Criminal
Justice.

SECTION 2 of the substitute adds a requirement that the state bar
include information on the costs of punishment in criminal cases in
the first annual update of the uniform jury handbook that is
completed by the state bar after September 1, 1995.

SECTION 2 of the original sets the effective date as September 1,
1995.  SECTION 3 of the substitute establishes an effective date
upon passage of the Act.

SUMMARY OF COMMITTEE ACTION

HB 3044 was considered by the full committee in a public hearing on
April 10, 1995.  

The following witnesses testified for the bill:

     Margaret Hofmann, representing herself; and
     Paul C. Velte, representing the Fully Informed Jury
     Association.   

The following witness who testified against the bill:

     Jane Ethridge, representing the County and District Clerk's
     Association.
     
The bill was left pending.  HB 3044 was considered by the full
committee in a formal meeting on May 8, 1995.  The committee
considered a complete substitute for the bill.  The substitute  was
adopted without objection.  HB 3044 was reported favorably as
substituted, with the recommendation that it do pass and be
printed, by a record vote of 5 ayes, 2 nays, 0 pnv, and 2 absent.