BILL ANALYSIS
S.B. 1276
By: Montford (Place)
5-19-95
Committee Report (Unamended)
BACKGROUND
Currently, most criminal justice and juvenile justice research is
offender-based, studying the effect of sociological factors that
"create" criminals and developing policies that try to address the
needs of the potential offender.
PURPOSE
S.B. 1276 creates the Crime Victims' Institute and the Crime
Victims' Institute Advisory Policy Council.
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 Title 4B, Government Code, by adding Chapter 412,
as follows:
CHAPTER 412. CRIME VICTIMS' INSTITUTE AND CRIME VICTIMS'
INSTITUTE ADVISORY POLICY COUNCIL
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 412.001. DEFINITIONS. Defines "advisory council,"
"close relative of deceased victim," "guardian of a victim,"
"institute," "service provider," and "victim."
Sec. 412.002. LEGISLATIVE INTENT. Sets forth the intent of
the legislature regarding the impact of crime on victims,
close relatives of deceased victims, guardians of victims, and
society.
SUBCHAPTER B. CRIME VICTIMS' INSTITUTE
Sec. 412.011. GENERAL PROVISION. Creates the Crime Victims'
Institute (institute) in the office of the attorney general.
Sec. 412.012. DUTIES OF INSTITUTE. Sets forth the duties of
the institute.
Sec. 412.013. INTERAGENCY COOPERATION. States that the
institute shall cooperate with the Criminal Justice Policy
Council in performing duties and may enter into a memorandum
of understanding with agencies. Local law enforcement shall
cooperate with the institute.
Sec. 412.014. PERSONNEL. Authorizes the attorney general to
employ personnel as necessary to perform the duties of the
institute.
Sec. 412.015. CONTRACTUAL AUTHORITY. (a) Authorizes the
attorney general to contract with public or private entities
in the performance of the duties of the institute.
(b) Authorizes the institute to contract with public or
private entities in the performance of the duties of the
institute.
Sec. 412.016. GIFTS, GRANTS, DONATIONS, APPROPRIATIONS. (a)
Authorizes the attorney general or the institute to accept
gifts, grants, donations, or matching funds from a public or
private source for the performance of the duties of the
institute.
(b) Authorizes the legislature to appropriate money to the
institute to finance the performance of the duties of the
institute.
(c) Requires money and appropriations received by the
attorney general or the institute under this section to be
deposited as provided by Section 412.081.
SUBCHAPTER C. CRIME VICTIMS' INSTITUTE ADVISORY COUNCIL
Sec. 412.051. CREATION AND COMPOSITION OF ADVISORY COUNCIL.
(a) Creates the Crime Victims' Institute Advisory Council
(council) as an advisory council to the institute.
(b) Sets forth the membership of the council which are to
be appointed by the attorney general.
(c) Requires the council to select a presiding officer from
among the council members and other officers that the
council considers necessary.
Sec. 412.052. MEETINGS. Requires the council to meet at the
call of the presiding officer.
Sec. 412.053. TENURE OF MEMBERS. Sets forth the tenure of
the members of the council.
Sec. 412.054. SERVICE ADDITIONAL DUTY OF OFFICE. Provides
that service on the council by a public officer or employee is
an additional duty of the office or employment.
Sec. 412.055. COMPENSATION AND REIMBURSEMENT. Provides that
a member of the council serves without compensation for
service on the council but may be reimbursed for actual and
necessary expenses incurred while performing council duties.
Sec. 412.056. APPOINTMENT OF OTHER ADVISORY BODIES.
Authorizes the council to establish advisory task forces or
committees that it considers necessary to accomplish the
requirements of this chapter.
Sec. 412.057. DUTIES OF ADVISORY COUNCIL. Sets forth the
required duties of the council.
SUBCHAPTER D. CRIME VICTIMS' INSTITUTE ACCOUNT
Sec. 412.081. CRIME VICTIMS' INSTITUTE ACCOUNT; AUDIT. (a)
Provides that the institute account (account) is an account in
the general revenue fund.
(b) Authorizes the attorney general to use funds from the
account to carry out the purposes of this chapter.
(c) Requires the comptroller to deposit funds received
under this chapter to the credit of the account.
(d) Provides that funds spent are subject to audit by the
state auditor.
(e) Provides that Section 403.094 does not apply to funds
collected under this chapter.
Sec. 412.082. ANNUAL REPORT. (a) Requires the institute to
file annually with the governor and the presiding officer of
each house of the legislature a complete and detailed written
report accounting for all funds received and disbursed by the
institute during the preceding year.
(b) Requires the form of the annual report and the
reporting time to be as provided in the General
Appropriations Act.
(c) Requires the institute to determine the format and the
contents of the report and to have copies of the report
printed for distribution as the institute considers
appropriate.
SECTION 2. Amends Chapter 411F, Government Code, by adding Section
411.128, as follows:
Sec. 411.128. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION;
CRIME VICTIMS' INSTITUTE. Provides that the institute is
entitled to obtain for the Department of Public Safety
(department) criminal history record information maintained by
the department that the institute believes is necessary for
the performance of the institute under Chapter 412.
SECTION 3. Amends Section 413.009, Government Code, as follows:
Sec. 413.009. DUTIES OF POLICY COUNCIL. (a) Created from
existing text.
(b) Requires the council to cooperate with the institute by
providing information and assistance to the institute
relating to the improvement of crime victims' services.
SECTION 4. Requires the attorney general to appoint the members of
the council not later than January 31, 1996. Sets forth the terms
of the members.
SECTION 5. Effective date: September 1, 1995.
SECTION 6. Emergency clause.
SUMMARY OF COMMITTEE ACTION
The House Committee on State Affairs met in a formal meeting on May
18, 1995 to consider SB 1276. The chair laid out the bill. The bill
was reported favorably without amendment with the recommendation
that it do pass and be printed, and be sent to the Committee on
Local and Consent Calendars, by a record vote of 13 ayes, 0 nays,
0 pnv, 2 absent.