LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 77th Regular Session February 6, 2001 TO: Honorable Kenneth Armbrister, Chair, Senate Committee on Criminal Justice FROM: John Keel, Director, Legislative Budget Board IN RE: SB87 by Ellis, Rodney (Relating to the investigation and prosecution of an offense motivated by bias or prejudice and to other remedies for and protections against certain hateful acts.), As Introduced ************************************************************************** * No significant fiscal impact is anticipated. * ************************************************************************** The Criminal Justice Division of the Office of the Governor has an existing grant program, the Extraordinary Cost of Prosecution program, to reimburse counties for the extraordinary costs of capital murder cases, under which hate-motivated capital murders may be reimbursed. Under this bill, the Office of the Attorney General would be authorized to assist in the investigation and prosecution of hate crimes upon the request of the prosecuting attorney. The Office of the Attorney General anticipates no significant fiscal impact to result from the adoption of this legislation. Similarly, the State Auditor's Office can absorb within current resources any additional audits resulting from the adoption of this legislation. Additional Class A and Class B misdemeanor fines would be authorized by this legislation. Using the number of hate motivated offenses reported by the Department of Public Safety for calendar year 1999 (286 offenses), and assuming an equal distribution between Class A and Class B misdemeanors and fines in the amount of $300 to the $4,000 maximum for Class A misdemeanors and $150 to the $2,000 maximum for Class B misdemeanors, additional revenues could range from $64,000 to $715,000 per calendar year. Of this amount, 90 percent would be collected by the State of Texas, and 10 percent would be retained by local governments. Local Government Impact No significant fiscal implication to units of local government is anticipated. Under an existing state grant program, eligible counties may receive reimbursement for the extraordinary costs of capital murder cases, under which the cost of prosecuting hate-motivated capital murder crimes can be reimbursed. Local governments would receive 10 percent of any additional revenue from misdemeanor fines resulting from the adoption of this legislation. Source Agencies: 301 Office of the Governor, 302 Office of the Attorney General, 308 State Auditor's Office, 304 Comptroller of Public Accounts LBB Staff: JK, JC, MF, ZS