TO: | Honorable John Whitmire, Chair, Senate Committee on Criminal Justice |
FROM: | John S. O'Brien, Deputy Director, Legislative Budget Board |
IN RE: | HB1751 by Pena (Relating to the procedures governing the payment of restitution by criminal defendants.), As Engrossed |
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 Revenue Gain from CRIME VICTIMS COMP ACCT 469 |
---|---|
2006 | $3,440,000 |
2007 | $3,440,000 |
2008 | $3,440,000 |
2009 | $3,440,000 |
2010 | $3,440,000 |
The bill would amend the Code of Criminal Procedure to make it mandatory for courts to order full restitution to crime victims or to the credit of the Compensation to Victims of Crime (CVC) fund to the extent compensation has been paid. The court may determine not to order restitution if it finds a compelling and extraordinary reason not to order. The bill also would allow a court to assess a $12 fee for the administration of restitution, to be collected in installments. The bill would take effect September 1, 2005.
Upon determining the maximum amount of restitution the CVC fund might receive each fiscal year ($6,835,886), that amount was multiplied by 40 percent to account for a collection rate of 50 percent which was further adjusted by 10 percentage points for applications that involve suspects that are either not charged or that are not found guilty. Therefore, collections of $6,835,886 was multiplied by the adjusted collection rate of 40 percent, resulting in estimated annual collections of $2,734,354. Since approximately $750,000 is currently collected, the net result of $2 million per fiscal year is projected from restitution from offenders.
Regarding the newly created $12 fee, $6 dollars would be deposited to the credit of the CVC fund and the remaining $6 would go to the courts. Based on information from the Office of Court Administration, 242,146 cases were disposed in district courts in fiscal year 2004. Based on a collection rate of 40 percent and restititution being paid in installments in 75 percent of the cases, it is estimated that the CVC fund would receive $1,440,000 per fiscal year in additional revenue.
A total of $3,440,000 per fiscal year in new revenue would be deposited to the CVC fund from both of these sources.
Source Agencies: | 302 Office of the Attorney General, 304 Comptroller of Public Accounts
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LBB Staff: | JOB, KJG, MS
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