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