| TO: | Honorable Will Hartnett, Chair, House Committee on Judiciary |
| FROM: | John S. O'Brien, Deputy Director, Legislative Budget Board |
| IN RE: | HB967 by Haggerty (Relating to administration of the criminal history record system.), As Introduced |
| Fiscal Year | Probable Net Positive/(Negative) Impact to General Revenue Related Funds |
|---|---|
| 2006 | $0 |
| 2007 | $0 |
| 2008 | $0 |
| 2009 | $0 |
| 2010 | $0 |
| Fiscal Year | Probable (Cost) from STATE HIGHWAY FUND 6 |
Change in Number of State Employees from FY 2005 |
|---|---|---|
| 2006 | ($239,032) | 6.0 |
| 2007 | ($213,985) | 6.0 |
| 2008 | ($213,985) | 6.0 |
| 2009 | ($213,432) | 6.0 |
| 2010 | ($213,432) | 6.0 |
The bill would amend the Code of Criminal Procedure by 1) requiring a court judgment to include the defendant's state identification number and incident number if those numbers have been assigned at the time of the judgment; 2) requiring a court entering a felony judgment to use the standardized felony judgment form promulgated by the Office of the Court Administration and; 3) removing the county data processing department from the list of departments to receive subsequent arrest information on individuals from the Texas Department of Criminal Justice and the Department of Public Safety.
The bill would also require the Department of Public Safety to 1) provide a semiannual report to local jurisdictions listing each arrest made during the preceding 12 months for which no corresponding court disposition information has been received, and 2) create a monthly report of felony arrests made at least one year prior to the date of the report and misdemeanor arrests made at least six months prior to the date of the report for which there is no corresponding court disposition data and contact the local jurisdictions to determine the status of the arrests. The bill would remove the expiration date of December 31, 2005 from the article under which these proposed Department of Public Safety responsibilities would fall.
The bill would amend the Code of Criminal Procedure by striking language related to the Department of Public Safety and duties the agency was to perform prior to January 1, 2003.
The bill would also repeal certain articles of the Code of Criminal Procedure containing timetable provisions for the Criminal History Record System that date back to 1992 and 1993.
The bill would take effect September 1, 2005.
The Department of Public Safety estimates that approximately 1,000 local reporting jurisdictions in Texas would receive the monthly report of felony and misdemeanor arrests. At $1.85 per unit, 1,000 local jurisdictions, and 12 months per year, the agency estimates a total cost of $22,200 to provide the monthly reports.
The agency estimates that it will need five Administrative Assistant II positions and one mail clerk to carry out the proposed increased responsibilities. Other requirements include computers, furniture, and supplies to support the proposed additional responsibilities. These costs, including the additonal employee salaries and benefits, total $216,832 in FY2006, $191,785 in FY2007 and FY2008, and $191,232 in subsequent fiscal years.
| Source Agencies: | 212 Office of Court Administration, Texas Judicial Council, 405 Department of Public Safety, 696 Department of Criminal Justice
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| LBB Staff: | JOB, LB, VDS, SJ, BT
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