| TO: | Honorable David Dewhurst , Lieutenant Governor, Senate Honorable Tom Craddick, Speaker of the House, House of Representatives |
| FROM: | John S. O'Brien, Director, Legislative Budget Board |
| IN RE: | HB1267 by Pena (Relating to appointment procedures concerning and compensation and reimbursement for counsel appointed to represent indigent defendants in certain criminal and post-conviction proceedings and to the creation of an indigent defense representation fund.), Conference Committee Report |
| Fiscal Year | Probable Net Positive/(Negative) Impact to General Revenue Related Funds |
|---|---|
| 2008 | $500,000 |
| 2009 | $500,000 |
| 2010 | $500,000 |
| 2011 | $500,000 |
| 2012 | $500,000 |
| Fiscal Year | Probable Revenue Gain/(Loss) from New General Revenue Dedicated Indigent Defense Representation |
Probable Savings from GENERAL REVENUE FUND 1 |
|---|---|---|
| 2008 | $5,379,000 | $500,000 |
| 2009 | $7,939,000 | $500,000 |
| 2010 | $7,996,000 | $500,000 |
| 2011 | $8,156,000 | $500,000 |
| 2012 | $8,319,000 | $500,000 |
The bill would amend the Code of Criminal Procedure relating to the compensation of counsel appointed to defend indigent defendants. The bill would amend the Code of Criminal Procedure relating to the appointment of an attorney to represent an indigent defendant in the custody of a correctional facility, including a facility of the Texas Department of Criminal Justice. The bill would require the state to reimburse a county for the compensation and expenses of counsel representing an indigent inmate defendant.
The bill would amend the Code of Criminal Procedure to create a new General Revenue-Dedicated Account for Indigent Defense Representation. The account could only be appropriated to the Task Force on Indigent Defense or for compensating appointed counsel. The bill would allow the appeal of a payment request, by appointed counsel, that had not been addressed within 60 days. The new account would be funded with a $2 cost on criminal convictions, other than pedestrian or parking offenses. After retaining 10 percent for timely remittance, the treasurer would remit the court cost and filing fee revenue to the Comptroller. The fund, account, or revenue dedication included in this bill would be subject to funds consolidation review by the current Legislature.
The bill would take effect September 1, 2007.
New General Revenue Dedicated Account: According to the Comptroller, the fiscal impact for the new $2 court cost was based on historical data from the Annual Statistical Report for the Texas Judiciary—Fiscal 2006, adjusted for growth, indigency, implementation, and retention by local governments. The court costs for criminal cases were multiplied by the total number of convictions, reduced to reflect the historical non-collection rates, and adjusted for an implementation lag.
The state provides an appropriation for death penalty representation in the amount of $500,000 per year from General Revenue through the Judiciary Section, Comptroller's Department. This estimate assumes that beginning in fiscal year 2008, counsel representing indigent defendants in death penalty cases would be paid from the new General Revenue-Dedicated Indigent Defense Representation Account and would supersede the need for continuing this appropriation; thus, this amount is shown as a cost savings.
| Source Agencies: | 212 Office of Court Administration, Texas Judicial Council, 304 Comptroller of Public Accounts
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| LBB Staff: | JOB, ES, SD, ZS, TB, KJG
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