BILL ANALYSIS C.S.S.B. 1276 By: Montford Criminal Justice 05-03-95 Committee Report (Substituted) 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 As proposed, C.S.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 rulemaking authority is granted to Crime Victims' Institute in SECTION 1 (Section 412.013, Government Code) of this bill. 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. RULEMAKING AUTHORITY. Authorizes the institute to adopt rules as provided by Chapter 2001 to perform the duties of the institute. Sec. 412.014. INTERAGENCY COOPERATION. (a) Requires the institute to cooperate with the Criminal Justice Policy Council in performing the duties of the institute. (b) Authorizes the institute to enter into memoranda of understanding with state agencies in performing the duties of the institute. (c) Requires local law enforcement agencies to cooperate with the institute by providing to the institute access to information for the performance of the duties of the institute. Sec. 412.015. PERSONNEL. Authorizes the attorney general to employ personnel as necessary to perform the duties of the institute. Sec. 412.016. 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. 412.017. 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 persons who compose 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 in accordance with Section 412.051, Government Code, not later than January 31, 1996. Sets forth the terms of the members. SECTION 5. Effective date: September 1, 1995. SECTION 6. Emergency clause.