LEGISLATIVE BUDGET BOARD

Austin, Texas

FISCAL NOTE, 81ST LEGISLATIVE REGULAR SESSION

April 9, 2009

TO:	Honorable John Whitmire, Chair, Senate Committee on Criminal Justice
FROM:	John S. O'Brien, Director, Legislative Budget Board
IN RE:	SB712 by Hegar (Relating to the requirement that certain defendants in a criminal case undergo testing for HIV infection and other diseases.), As Introduced

No significant fiscal implication to the State is anticipated.

The bill would amend the Code of Criminal Procedure relating to the requirement that certain defendants in a criminal case undergo testing for HIV infection and other diseases. The bill would require a judge to order certain criminal defendants undergo testing for HIV infection in certain situations. This is a change from the current law which permits the judge to order a criminal defendant to undergo such testing. 

The bill would likely result in more HIV tests being ordered than are currently ordered. While there is a cost for the testing, the bill states that the person charged with the offense shall pay the costs of testing. Accordingly, no significant cost increases to the state are anticipated.

Local Government Impact

No significant fiscal implication to units of local government is anticipated.

Source Agencies:

212 Office of Court Administration, Texas Judicial Council

LBB Staff:

JOB, ESi, JP