TO: | Honorable Dan Patrick, Lieutenant Governor, Senate |
FROM: | John McGeady, Assistant Director Sarah Keyton, Assistant Director Legislative Budget Board |
IN RE: | SB346 by Zaffirini (Relating to the consolidation, allocation, classification, and repeal of certain criminal court costs and other court-related costs, fines, and fees; imposing certain court costs and fees and increasing and decreasing the amounts of certain other court costs and fees. ), As Passed 2nd House |
Fiscal Year | Probable Net Positive/(Negative) Impact to General Revenue Related Funds |
---|---|
2020 | ($20,638,667) |
2021 | ($29,999,000) |
2022 | ($29,080,000) |
2023 | ($28,197,000) |
2024 | ($27,349,000) |
Fiscal Year | Probable Revenue Gain/(Loss) from General Revenue Fund 1 |
Probable Revenue Gain/(Loss) from Law Officer Stds & Ed Ac 116 |
Probable Revenue Gain/(Loss) from Criminal Justice Plan Ac 421 |
Probable Revenue Gain/(Loss) from Crime Victims Comp Acct 469 |
---|---|---|---|---|
2020 | ($20,638,667) | $268,000 | $350,667 | $222,667 |
2021 | ($29,999,000) | $392,000 | $492,000 | $349,000 |
2022 | ($29,080,000) | $381,000 | $458,000 | $361,000 |
2023 | ($28,197,000) | $371,000 | $426,000 | $371,000 |
2024 | ($27,349,000) | $360,000 | $397,000 | $381,000 |
Fiscal Year | Probable Revenue Gain/(Loss) from Jud & Court Training Fd 540 |
Probable Revenue Gain/(Loss) from Law Enf Mgmt Instit Acct, estimated 581 |
Probable Revenue Gain/(Loss) from Crime Stop Assistance Acc 5012 |
Probable Revenue Gain/(Loss) from Breath Alcohol Test Acct 5013 |
---|---|---|---|---|
2020 | $258,000 | $90,667 | $26,667 | $46,000 |
2021 | $375,000 | $133,000 | $39,000 | $67,000 |
2022 | $363,000 | $129,000 | $37,000 | $65,000 |
2023 | $352,000 | $125,000 | $37,000 | $63,000 |
2024 | $341,000 | $122,000 | $35,000 | $61,000 |
Fiscal Year | Probable Revenue Gain/(Loss) from Juv Crime & Delinq Cntr, estimated 5029 |
Probable Revenue Gain/(Loss) from Fair Defense 5073 |
Probable Revenue Gain/(Loss) from Correctional Mgt Institute, est 5083 |
Probable Revenue Gain/(Loss) from Emergency Radio Infrastructure 5153 |
---|---|---|---|---|
2020 | $100,667 | $978,667 | $98,667 | $99,333 |
2021 | $145,000 | $233,000 | $142,000 | $136,000 |
2022 | $139,000 | $219,000 | $136,000 | $122,000 |
2023 | $134,000 | $206,000 | $131,000 | $109,000 |
2024 | $130,000 | $194,000 | $125,000 | $98,000 |
Fiscal Year | Probable Revenue Gain/(Loss) from State Highway Fund 6 |
Probable Revenue Gain/(Loss) from Judicial Fund 573 |
Probable Revenue Gain/(Loss) from Law Enforcement Retirement Fund 977 |
Probable Revenue Gain/(Loss) from Statewide Electronic Filing System 5157 |
---|---|---|---|---|
2020 | ($117,333) | $2,526,000 | $300,667 | $176,000 |
2021 | ($177,000) | $2,835,000 | $440,000 | $197,000 |
2022 | ($178,000) | $1,914,000 | $429,000 | $131,000 |
2023 | ($179,000) | $1,025,000 | $419,000 | $65,000 |
2024 | ($180,000) | $167,000 | $408,000 | $1,000 |
Fiscal Year | Probable Revenue Gain/(Loss) from Truancy Prevention and Diversion 5164 |
Probable Revenue Gain/(Loss) from Jury Service Fund (New Other Fund) |
Probable Revenue Gain/(Loss) from DNA Testing (New General Revenue-Dedicated Account) |
Probable Revenue Gain/(Loss) from Specialty Court Account (Previously General Revenue-Dedicated Drug Court Account 5174) |
---|---|---|---|---|
2020 | $514,000 | $9,500,000 | $206,667 | $204,667 |
2021 | $569,000 | $13,751,000 | $299,000 | $226,000 |
2022 | $374,000 | $13,270,000 | $289,000 | $149,000 |
2023 | $186,000 | $12,805,000 | $279,000 | $73,000 |
2024 | $4,000 | $12,357,000 | $269,000 | $1,000 |
Fiscal Year | Probable Revenue Gain/(Loss) from Transportation Administrative Fee (New General Revenue-Dedicated Account) |
---|---|
2020 | $6,427,333 |
2021 | $9,304,000 |
2022 | $8,978,000 |
2023 | $8,664,000 |
2024 | $8,361,000 |
The bill would make amendments to several different codes relating to the allocation of state criminal court costs, would increase certain court costs, reduce certain other court costs, and repeal certain court costs.
The bill would create two new accounts in the General Revenue Fund: DNA Testing and Transportation Administrative Fee, and would specify that funds in these accounts can only be used for purposes as defined in the bill. The bill would also re-designate General Revenue-Dedicated Drug Court Account No. 5174 as the General Revenue-Dedicated Specialty Court Account.
In addition, the bill would create one new other fund in the state treasury: the Jury Service Fund to provide juror reimbursements to counties. The bill requires that if, at any time, the unexpended balance of the Jury Service Fund exceeds $10,000,000, then the Comptroller shall transfer the amount in excess of $10,000,000 to General Revenue-Dedicated Fair Defense Account No. 5073.
The bill would amend the Local Government Code to distinguish between two consolidated court costs: the state consolidated court cost which exists under current law and which the bill amends, and the local consolidated court cost which is newly created under the bill's provisions.
The bill increases the state consolidated court cost charged for felony convictions from $133 to $185, for Class A and B misdemeanor convictions from $83 to $147, and for certain Class C misdemeanor convictions from $40 to $62. The bill would make several changes to the distribution of the state consolidated court cost by changing the percentage distribution of revenue for existing purposes and adding additional purposes to which consolidated court cost revenue would be directed. This includes distribution into General Revenue and other fund accounts created by the bill. In circumstances where a new item is added to the distribution, the bill also either repeals a related court cost or reduces the court cost to remove the amount remitted to the state.
The table below provides a comparison of these changes to the state consolidated court cost from current law versus those proposed in the bill.
Consolidated Court Cost Item | Account | Current Law Percent Distribution |
Senate Bill 346 Percent Distribution |
Bill Blackwood LEMI | GR-D 581 | 2.1683 | 1.4741% |
Breath Alcohol Testing | GR-D 5031 | 0.5507 | 0.3900% |
Center for Study of Juvenile Crime (Prairie View A&M) |
GR-D 5029 | 1.209 | 0.8540% |
Correctional Management Institute of Texas | GR-D 5083 | 1.209 | 0.8522% |
Crime Stoppers Assistance | GR-D 5012 | 0.2581 | 0.2427% |
Crime Victims' Compensation | GR-D 469 | 37.6338 | 24.6704% |
Criminal Justice Planning | GR-D 421 | 12.5537 | 8.5748% |
DNA Testing | New GR-D Account | No Distribution | 0.1394% |
Emergency Radio Infrastructure | GR-D 5153 | 5.5904 | 3.6913% |
Fair Defense Account | GR-D 5073 | 17.8448 | 17.8857% |
Judicial Court Personnel Training Fund | GR-D 540 | 4.8362 | 3.3224% |
Jury Service Fund | New Other Fund | No Distribution | 6.4090% |
Law Enforcement Officers Standards and Education | GR-D 116 | 5.0034 | 3.4418% |
Law Enforcement Retirement Fund | GR-D 977 | 11.1426 | 7.2674% |
Judicial Fund | Fund 573 (Other Fund) |
No Distribution | 12.2667% |
Specialty Court Account | Redesignated GR-D Account |
No Distribution | 1.0377% |
Statewide Electronic Filing System | GR-D 5157 | No Distribution | 0.5485% |
Transportation Administrative Fee Account | New GR-D Account | No Distribution | 4.3363% |
Truancy Prevention and Diversion | GR-D 5164 | No Distribution | 2.5956% |
The bill would amend the Code of Criminal Procedure and the Transportation Code by making changes to the assessment and collection of criminal court costs for defendants who are financially unable to pay their fines, fees, and costs imposed when arrested for, charged with, or convicted of certain criminal offenses.
The bill would require a court to hold a hearing to determine whether the portion of fines, fees, and costs that pertain to the judgement of the case impose an undue hardship on the defendant and would have to consider allowing the defendant to satisfy the fines, fees, and costs through other methods including paying at a later date, performing community service, waiving the fine and costs in whole or in part, or a combination of methods. The bill would allow a court to reconsider the waiver of court costs and order the defendant to pay court costs if it is determined that the defendant has financial resources to do so on the court's own motion and during the community supervision period.
The bill would take effect January 1, 2020.
Source Agencies: | 212 Office of Court Administration, Texas Judicial Council, 300 Trusteed Programs Within the Office of the Governor, 304 Comptroller of Public Accounts, 601 Department of Transportation, 407 Commission on Law Enforcement, 537 State Health Services, Department of, 302 Office of the Attorney General, 327 Employees Retirement System, 405 Department of Public Safety, 696 Department of Criminal Justice, 710 Texas A&M University System Administrative and General Offices, 758 Texas State University System
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LBB Staff: | WP, GDz, SLE, MW, LCO, AMa, JSm, CMa, NA, AF, KFB, SMi, DA
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