LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 77th Regular Session May 1, 2001 TO: Honorable Juan Hinojosa, Chair, House Committee on Criminal Jurisprudence FROM: John Keel, Director, Legislative Budget Board IN RE: SB638 by Barrientos (relating to the taking of a specimen from a person arrested for, charged with, or convicted of certain offenses for the purpose of DNA analysis; providing penalties.), As Engrossed ************************************************************************** * Estimated Two-year Net Impact to General Revenue Related Funds for * * SB638, As Engrossed: positive impact of $0 through the biennium * * ending August 31, 2003. * * * * The bill would make no appropriation but could provide the legal * * basis for an appropriation of funds to implement the provisions of * * the bill. * ************************************************************************** General Revenue-Related Funds, Five-Year Impact: **************************************************** * Fiscal Year Probable Net Positive/(Negative) * * Impact to General Revenue Related * * Funds * * 2002 $0 * * 2003 0 * * 2004 0 * * 2005 0 * * 2006 0 * **************************************************** All Funds, Five-Year Impact: *********************************************************************** *Fiscal Probable Probable Probable Probable Change in * * Year Revenue Revenue Revenue Savings/ Number of * * Gain/(Loss) Gain/(Loss) Gain/(Loss) (Cost) from State * * from State from from State Employees * * Highway Criminal Counties Highway from FY 2001 * * Fund Justice Fund * * 0006 Planning 0006 * * Account/ * * GR- * * Dedicated * * 0421 * * 2002 $620,550 $1,152,450 $197,000 $(285,187) 1.5 * * 2003 828,450 1,538,550 263,000 (285,187) 1.5 * * 2004 828,450 1,538,550 263,000 (285,187) 1.5 * * 2005 828,450 1,538,550 263,000 (285,187) 1.5 * * 2006 828,450 1,538,550 263,000 (285,187) 1.5 * *********************************************************************** Fiscal Analysis The bill would establish a program of taking a blood sample or other specimen from persons indicted for certain felony offenses, waives indictment for certain felony offenses, or is arrested for certain felonies after having been previously convicted or placed on deferred adjudication for certain offenses, for the purpose of DNA testing and creating a DNA record. The bill would establish a court cost of $250 on each conviction or deferred adjudication of certain felony offenses requiring DNA testing, or $50 upon conviction of public lewdness or indecent exposure. Ten percent of this court cost would be retained by the local government with the remaining ninety percent being forwarded to the Comptroller's Office. The Comptroller would deposit 65 percent of the revenue received into the Criminal Justice Planning Account, with the remaining 35 percent being deposited into the State Highway Fund. Money deposited into the Criminal Justice Planning Account generated by the court cost could be appropriated by the Legislature to the Criminal Justice Division of the Governor's Office to be distributed in grant form to local law enforcement agencies. Money deposited into the State Highway Fund generated by the court cost could only be used to defray the costs of administering the DNA testing and record creation. The bill would take effect September 1, 2001. Methodology Based on estimates of court cost revenue found in the Biennial Revenue Estimate and the Annual Report of the Texas Judicial System, the Comptroller's Office estimates that the $250 court cost would generate revenue of $1.97 million in fiscal year 2002 and $2.63 million in subsequent fiscal years. Ten percent of this revenue would be retained by counties while the remaining 90 percent would be remitted to the state with 65 percent deposited into the Criminal Justice Planning Account and 35 percent deposited into the State Highway Fund. The Department of Public Safety (DPS) estimates that 5,750 individuals would be covered by this bill annually. The specimens would be sent by DPS to a contract lab for analysis at $30 per specimen for a total cost of $172,500. Supplies required for each sample to be obtained, mailed, recorded and controlled would be $7 per sample for a total cost of $40,250. An additional 1.5 personnel would be required to process the specimens and enter the information into the database, as well as perform quality control checks on analyses completed by the contract laboratory. Salaries for these individuals would be $48,519 with associated personnel benefits of $13,721 each fiscal year. Operating expenses would run $6,197 each year. There would be a one-time cost for training of $4,000 in fiscal year 2002. Local Government Impact Counties that receive receipts from the new court cost would be able to retain ten percent of the court costs collected. This ten percent is estimated to generate $197,000 in fiscal year 2002 and $263,000 in subsequent fiscal years statewide. Source Agencies: 405 Texas Department of Public Safety LBB Staff: JK, JC, TB, DG