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


Senate Research CenterH.B. 1752
76R2900  PEP-DBy: Coleman (Ellis)
Jurisprudence
5/10/1999
Committee Report (Amended)


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 (l), to  authorize advance payments to be paid directly
to a licensed private investigator, or to an expert witness in an approved
and designated manner.  Makes conforming changes. 

SECTION 3.  Effective date:  September 1, 1999.

SECTION 4.  Emergency clause.

SUMMARY OF COMMITTEE CHANGES

SECTION 2.

Amends Article 26.052(g), Code of Criminal Procedure, to delete proposed
addition relating to a determination regarding an unreasonable request.