TO: | Honorable Terry Keel, Chair, House Committee on Criminal Jurisprudence |
FROM: | John Keel, Director, Legislative Budget Board |
IN RE: | SB1477 by West (Relating to restrictions on the disclosure of certain criminal records and to the duty of law enforcement agencies regarding records associated with certain defendants receiving deferred adjudication; providing a civil penalty), As Engrossed |
Fiscal Year | Probable Net Positive/(Negative) Impact to General Revenue Related Funds |
---|---|
2004 | $83,423 |
2005 | $117,803 |
2006 | $117,803 |
2007 | $117,803 |
2008 | $117,803 |
Fiscal Year | Probable Savings/(Cost) from GENERAL REVENUE FUND 1 |
Probable Revenue Gain from GENERAL REVENUE FUND 1 |
Change in Number of State Employees from FY 2003 |
---|---|---|---|
2004 | ($196,577) | $280,000 | 5.0 |
2005 | ($162,197) | $280,000 | 5.0 |
2006 | ($162,197) | $280,000 | 5.0 |
2007 | ($162,197) | $280,000 | 5.0 |
2008 | ($162,197) | $280,000 | 5.0 |
The Department of Public Safety would incur additional costs under the provisions of the bill related to expunction and nondisclosure of criminal records. The agency estimates that 400,000 Theft by Check non-custodial arrests would be eligible for expunction under the bill and that approximately 10%, of eligible individuals, or approximately 40,000, will petition for expunction and would result in an additional 4,000 petitions per year. Other non-custodial arrests are not currently reported to the Department will result in a total of 14,000 additional petitions each year, which is more than twice the number the agency currently process each year. This estimate assumes the agency will also need four (4 at $23,532) additional Expunction Coordinators to process the additional 10,000 nondisclosure and 4,000 expunction petitions and orders that will be received under the bill. This estimate assumes the agency will also need one additional Mail Clerk (1 at to handle records for nondisclosure orders. Total salary, benefits, and other operating costs for the additional 5 staff will cost $121,242 in fiscal year 2004 and each fiscal year thereafter. Based upon information provided by the Department, this estimate assumes annual mail and postage costs for notifying law enforcement agencies of nondisclosure orders will total $38,000 per year.
This estimate assumes that 10,000 petitions eligible for nondisclosure would be requested annually. Therefore, the new $28 fee for nondisclosure petitions would result in $280,000 in new revenue to the General Revenue Fund each year. [10,000 x $28 = $280,000.]
Source Agencies: | 302 Office of the Attorney General, 405 Department of Public Safety
|
LBB Staff: | JK, KG, WK, TB
|