HBA-KMH H.B. 1752 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1752
By: Coleman
Judicial Affairs
3/16/1999
Introduced



BACKGROUND AND PURPOSE 

Currently, the Code of Criminal Procedure addresses the matter and method
of compensation to be paid to legal counsel for a defendant in a criminal
proceeding.  However, there is no specific language in the Code of Criminal
Procedure that pertains to compensation to a licensed private investigator
who works on behalf of the defendant.  Private investigators most often
rely on payment from the defendant's legal counsel.  This method of
compensation cab cause delay in payment to a private investigator for
services rendered. 

H.B. 1752 authorizes advanced payment for expenses anticipated or
reimbursement of expenses incurred for purposes of investigation or expert
testimony to be paid directly to a duly licensed private investigator or an
expert witness in the manner designated by appointed counsel and approved
by the court from county funds. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Article 26.05, Code of Criminal Procedure, by adding
Subsection (f), as follows: 

(f) Authorizes reimbursement of expenses incurred for purposes of
investigation or expert testimony to be paid directly to a duly licensed
private investigator or an expert witness in the manner designated by
appointed counsel and approved by the court. 

SECTION 2.  Amends Article 26.052, Code of Criminal Procedure, by amending
Subsections (g) and (l), as follows: 

(g) Requires the grounds on which the court relied for a determination that
an amount requested for advance payment of expenses was unreasonable to be
included in a written denial by the court. 

(l) Authorizes advanced payment of expenses anticipated or reimbursement of
expenses incurred for purposes of investigation or expert testimony to be
paid directly to a duly licensed private investigator or an expert witness
in the manner designated by appointed counsel and approved by the court. 

SECTION 3.  Effective date: September 1, 1999.

SECTION 4.  Emergency clause.