SRC-AXB H.B. 1752 76(R)   BILL ANALYSIS


Senate Research Center   H.B. 1752
76R2900  PEP-DBy: Coleman (Ellis)
Jurisprudence
5/5/1999
Engrossed


DIGEST 

Currently, there is no specific language in the Code of Criminal Procedure
which addresses the matter of compensation to a licensed private
investigator (PI) who works on behalf of the defendant. PIs often rely on
payment from the defendant's legal counsel, and this system can cause
delays in payment.  H.B. 1752 authorizes payments and advance payments to
licensed private investigators and expert witnesses. 

PURPOSE

As proposed, H.B. 1752 authorizes payments and advance payments to licensed
private investigators and expert witnesses. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Article 26.05, Code of Criminal Procedure, by adding
Subsection (f), to authorize payments directly to a licensed private
investigator, or to an expert witness in an approved and designated manner. 

SECTION 2.  Amends Article 26.052, Code of Criminal Procedure, by amending
Subsections (g) and (1), to  require the court to state that any ground on
which the court relies for a determination that the requested amount is
unreasonable.  Authorizes advance payments directly to a licensed private
investigator, or to an expert witness in an approved and designated manner. 

SECTION 3.  Effective date:  September 1, 1999.

SECTION 4.  Emergency clause.