TO: | Honorable Royce West, Chair, Senate Committee On Jurisprudence |
FROM: | Ursula Parks, Director, Legislative Budget Board |
IN RE: | SB395 by West (Relating to fines and court costs imposed on a child in a criminal case.), As Introduced |
Fiscal Year | Probable Net Positive/(Negative) Impact to General Revenue Related Funds |
---|---|
2014 | ($476,928) |
2015 | ($476,928) |
2016 | ($476,928) |
2017 | ($476,928) |
2018 | ($476,928) |
Fiscal Year | Probable Revenue Gain/(Loss) from General Revenue Fund 1 |
Probable Revenue Gain/(Loss) from General Revenue Dedicated, Multiple Accounts |
Probable Revenue Gain/(Loss) from Other Funds, Multiple Accounts |
---|---|---|---|
2014 | ($476,928) | ($1,051,560) | ($127,512) |
2015 | ($476,928) | ($1,051,560) | ($127,512) |
2016 | ($476,928) | ($1,051,560) | ($127,512) |
2017 | ($476,928) | ($1,051,560) | ($127,512) |
2018 | ($476,928) | ($1,051,560) | ($127,512) |
The bill would give a child who is convicted of a crime the option to satisfy assessed fines and court costs by performing community service and allows a judge the option waiving fines and court costs for children. According to the Office of Court Administration (OCA), under current law a judge does not have to allow a child the options to perform community service in lieu of paying fines and court costs except in limited circumstances. The bill would result in some fine and court cost assessments being satisfied by means other than monetary payments, which would reduce revenue.
The OCA estimated a state revenue of loss of $1.7 million per fiscal year in All Funds. Based on fiscal year 2011 criminal court cost revenue and convictions, OCA calculated that 90 percent of $368.0 million in court cost revenue, or $331.2 million, is from municipal and justice courts, which process cases involving children. The agency assumed that five percent of the revenue, or $16.6 million, is from cases involving children, and that in 10 percent of cases, child defendants would choose community service in lieu of payment, resulting in a $1.7 million annual loss split among General Revenue, multiple General-Dedicated accounts and multiple Other Funds.
The Texas Juvenile Justice Department (JJD) does not anticipate an impact to the agency as a result of the bill.
Source Agencies: | 212 Office of Court Administration, Texas Judicial Council, 304 Comptroller of Public Accounts, 644 Texas Juvenile Justice Department
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LBB Staff: | UP, CL, ZS, JJO, SD, KKR
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