BILL ANALYSIS

 

 

                                                                                                                                    C.S.H.B. 2385

                                                                                                                                       By: Lucio III

                                                                                                                                              Judiciary

                                                                                                        Committee Report (Substituted)

 

 

 

BACKGROUND AND PURPOSE

 

Some district attorneys believe pretrial intervention programs are beneficial. The purpose of this bill is to establish a fee to be collected by district attorneys for administering pretrial intervention programs.

 

RULEMAKING AUTHORITY

 

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution. 

 

ANALYSIS

 

The bill would amend the Code of Criminal Procedure to create a fee for collection by a district attorney or criminal district attorney to be used in administering pretrial intervention programs. The fee may be collected from any defendant who participates in a pretrial intervention program administered by the office of the district attorney or criminal district attorney. Such fees would be separate from and not be subject to collection for reimbursement to the community supervisions and corrections department. The funds generated by the fee would be dedicated to administration of pretrial intervention programs and would be subject to budget oversight by the commissioners courts.

 

EFFECTIVE DATE

 

September 1, 2007.

 

COMPARISON OF ORIGINAL TO SUBSTITUTE

 

The substitute changes the text of the provision added by Section 2 of the bill to state that the fund supplied by fees collected under this article and deposited in a county treasury is to be used solely to administer the pretrial intervention program and that an expenditure from the fund requires budget approval by the commissioners court.