LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 77th Regular Session May 2, 2001 TO: Honorable Juan Hinojosa, Chair, House Committee on Criminal Jurisprudence FROM: John Keel, Director, Legislative Budget Board IN RE: SB1570 by West, Royce (relating to the expunction of certain arrest records and files.), Committee Report 2nd House, Substituted ************************************************************************** * Estimated Two-year Net Impact to General Revenue Related Fundsfor * * SB1570, Committee Report 2nd House, Substituted: negative impact of * * $(305,886) 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. * ************************************************************************** All Funds, Six-Year Impact: *************************************************************************** *Fiscal Probable Savings/(Cost) from Change in Number of State * * Year General Revenue Fund Employees from FY 2001 * * 0001 * * 2002 $(165,015) 4.0 * * 2003 (140,871) 4.0 * * 2004 (140,871) 4.0 * * 2005 (140,871) 4.0 * * 2006 (140,871) 4.0 * *************************************************************************** *************************************************************************** *Fiscal Probable Savings/(Cost) from Change in Number of State * * Year General Revenue Fund Employees from FY 2000 * * 0001 * * 2001 $(47,623) 4.0 * * 2002 (140,871) 4.0 * * 2003 (140,871) 4.0 * * 2004 (140,871) 4.0 * * 2005 (140,871) 4.0 * * 2006 (140,871) 4.0 * *************************************************************************** Fiscal Analysis The bill would require that a court which acquits a defendant order expunction of the defendant's record and it would require the law enforcement agency that arrested the defendant to provide the required information. The bill would take effect immediately if it receives a vote of two-thirds of all the members elected to each house, otherwise the bill would take effect September 1, 2001. Methodology The Department of Public Safety (DPS) currently processes 5,000 expunction orders each year of which 250 are related to acquitals. According to Office of Court Administration's fiscal year 2000 annual report, there were 1,205 acquittals in district courts; 2,951 acquittals in county level courts; 8,913 acquittals in justice courts; and 34,958 acquittals in municipal courts. DPS estimates that the increase in the number of expunctions that would have to be processed for acquitals would create a workload that could be assumed by four additional administrative technicians. Salaries for the new personnel are estimated to total $94,128 with associated personnel benefits of $26,619 each fiscal year. Rent and other operating costs would total $20,124 each fiscal year. Finally, there would be a one-time cost for furniture, equipment, computer hardware and software of $24,144 in fiscal year 2002 only. The second table above pro-rates the annual costs on a two month basis while showing the full equipment and other capital expenses in fiscal year 2001. Local Government Impact No significant fiscal implication to units of local government is anticipated. Source Agencies: 304 Comptroller of Public Accounts, 405 Texas Department of Public Safety, 212 Office of Court Administration LBB Staff: JK, JC, JN, DG, DW, DB