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.