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