LEGISLATIVE BUDGET BOARD
Austin, Texas
FISCAL NOTE
75th Regular Session
April 1, 1997
TO: Honorable Allen Place, Chair IN RE: House Bill No. 1119
Committee on Criminal Jurisprudence By: Allen
House
Austin, Texas
FROM: John Keel, Director
In response to your request for a Fiscal Note on HB1119 ( Relating
to participation by victims in certain criminal proceedings,
restitution for victims, and training for officers who deal
with victims.) this office has detemined the following:
Biennial Net Impact to General Revenue Funds by HB1119-As Introduced
Implementing the provisions of the bill would result in a net
negative impact of $(74,132) to General Revenue Related Funds
through the biennium ending August 31, 1999.
The bill would make no appropriation but could provide the legal
basis for an appropriation of funds to implement the provisions
of the bill.
Fiscal Analysis
The bill would amend the Code of Criminal Procedure and Government
Code to require more specific notification be given to victims
in certain criminal proceedings. It would also require training
for state and local officials in crime victims' issues, give
authority to courts to withhold income from a defendant's disposable
earnings to pay victim restitution, and require the Texas Department
of Criminal Justice (TDCJ) to provide victim-offender mediation
services. The bill would also allow the Office of the Attorney
General (OAG) to pay for relocation expenses of victims.
Except
for the provision related to the withholding of defendants'
wages, the bill would take effect September 1, 1997. Provisions
related to the withholding of defendants' wages would take effect
January 1, 1998, if a constitutional amendment relating to garnishment
of wages for court ordered restitution is approved by voters.
Methodolgy
The mandatory continuing education on victims issues of judges
and prosecutors required by the bill would be provided by the
Court of Criminal Appeals at an estimated cost of approximately
$240,000 annually out of the Judicial and Court Personnel Training
Fund. Costs to the appellate courts for specific victim notification
requirements in the bill are estimated to be approximately $24,000
annually from the General Revenue Fund.
The OAG estimates
needing five full-time positions for the increased workload
for processing additional victims' claims related to relocation
expenses. Not included in the estimate are additional payments
to victims from the dedicated Compensation to Victims of Crime
Account within the General Revenue Fund for the relocation expenses.
The types of relocation expenses covered by the bill are not
specifically described and the range of expenses could vary
greatly from moving expenses to the costs of temporary living
facilities. The OAG does estimate the amount of these relocation
expenses payments would be significant. Also estimated by the
OAG is increased restitution revenues anticipated from withholdings
of defendants' wages.
Costs to the Texas Commission on
Law Enforcement Officer Standards and Education (TCLEOSE) for
victims' issues curriculum development and costs to TDCJ for
victim-offender mediation services are also estimated.
The probable fiscal implications of implementing the provisions
of the bill during each of the first five years following passage
is estimated as follows:
Five Year Impact:
Fiscal Year Probable Probable Probable Probable Revenue Change in Number
Savings/(Cost) Savings/(Cost) Savings/(Cost) Gain/(Loss) from of State
from General from Law from Compensation to Employees from
Revenue Fund Enforcement Compensation to Victims of Crime FY 1997
Officer Victims of Crime Account/
Standards and Account/ GR-Dedicated
Education GR-Dedicated
Account/
GR-Dedicated
0001 0116 0469 0469
1998 ($37,066) ($6,781) $0 $0 1.3
1998 (37,066) 0 (151,834) 26,000 6.3
2000 (37,066) 0 (136,834) 52,000 6.3
2001 (37,066) 0 (136,834) 52,000 6.3
2002 (37,066) 0 (136,834) 52,000 6.3
Fiscal Year Probable
Savings/(Cost)
from Judicial
and Court
Personnel
Training Fund
0540
1998
1999 (240,290)
2000 (240,290)
2001 (240,290)
2002 (240,290)
Net Impact on General Revenue Related Funds:
The probable fiscal implication to General Revenue related funds
during each of the first five years is estimated as follows:
Fiscal Year Probable Net Postive/(Negative)
General Revenue Related Funds
Funds
1998 ($37,066)
1999 (37,066)
2000 (37,066)
2001 (37,066)
2002 (37,066)
Similar annual fiscal implications would continue as long as
the provisions of the bill are in effect.
Costs to TCLEOSE licensees, which includes peace officers, reserves,
county jail personnel, and armed public security officers statewide,
for the crime victims' rights training required by the bill
are estimated by TCLEOSE to be approximately $2.5 million.
Source: Agencies: 407 Commission on Law Enforcement Officer Standards and Education
304 Comptroller of Public Accounts
696 Department of Criminal Justice
212 Office of Court Administration
302 Office of the Attorney General
211 Court of Criminal Appeals
LBB Staff: JK ,CB ,JN