LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 81ST LEGISLATIVE REGULAR SESSION March 16, 2009 TO: Honorable Pete Gallego, Chair, House Committee on Criminal Jurisprudence FROM: John S. O'Brien, Director, Legislative Budget Board IN RE:HB1228 by Jackson, Jim (Relating to the rights of victims of property crimes.), As Introduced No significant fiscal implication to the State is anticipated. The bill would amend the Code of Criminal Procedure to require the prosecuting attorney for the state, the sheriff, police, and other law enforcement agencies to ensure to the extent practicable that a victim of a felony level property crime be afforded rights specified in the bill. A judge, prosecuting attorney for the state, peace officer, or law enforcement agency would not be held liable for a failure or inability to provide a right listed in the provisions of the bill. A law enforcement agency investigating the crime would be required to provide the victim with a written notice containing the rights pertaining to a victim of a felony level property crime. The proposed changes in statute would apply only to a felony level property crime committed on or after the effective date of the bill, which would be September 1, 2009. Each applicable entity, at a minimum, would incur costs for printing a written notice containing the information about victims' rights. Local Government Impact Costs associated with implementing provisions of the bill would vary by local law enforcement agency depending on the number of felony property crimes committed. According to the law enforcement agencies contacted by the Legislative Budget Board, there are numerous felony property crimes committed statewide. The Sheriffs' Association of Texas estimates that printing costs would range from several hundred dollars for a small sheriff's office up to several thousand dollars in larger counties. As an example, Harris County Office of Budget Management, estimates the county would incur costs of $7,800 per year, based on 13,000 cases annually and printing costs at $0.60 per notification. A sampling of city police departments reported costs of $100 per year in the City of Abilene; $2,000 annually for the Lubbock Police Department; and $15,000 the first year in the City of El Paso, which included costs of printing and mailing notices. Source Agencies: LBB Staff: JOB, ESi, DB LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 81ST LEGISLATIVE REGULAR SESSION March 16, 2009 TO: Honorable Pete Gallego, Chair, House Committee on Criminal Jurisprudence FROM: John S. O'Brien, Director, Legislative Budget Board IN RE:HB1228 by Jackson, Jim (Relating to the rights of victims of property crimes.), As Introduced TO: Honorable Pete Gallego, Chair, House Committee on Criminal Jurisprudence FROM: John S. O'Brien, Director, Legislative Budget Board IN RE: HB1228 by Jackson, Jim (Relating to the rights of victims of property crimes.), As Introduced Honorable Pete Gallego, Chair, House Committee on Criminal Jurisprudence Honorable Pete Gallego, Chair, House Committee on Criminal Jurisprudence John S. O'Brien, Director, Legislative Budget Board John S. O'Brien, Director, Legislative Budget Board HB1228 by Jackson, Jim (Relating to the rights of victims of property crimes.), As Introduced HB1228 by Jackson, Jim (Relating to the rights of victims of property crimes.), As Introduced No significant fiscal implication to the State is anticipated. No significant fiscal implication to the State is anticipated. The bill would amend the Code of Criminal Procedure to require the prosecuting attorney for the state, the sheriff, police, and other law enforcement agencies to ensure to the extent practicable that a victim of a felony level property crime be afforded rights specified in the bill. A judge, prosecuting attorney for the state, peace officer, or law enforcement agency would not be held liable for a failure or inability to provide a right listed in the provisions of the bill. A law enforcement agency investigating the crime would be required to provide the victim with a written notice containing the rights pertaining to a victim of a felony level property crime. The proposed changes in statute would apply only to a felony level property crime committed on or after the effective date of the bill, which would be September 1, 2009. Each applicable entity, at a minimum, would incur costs for printing a written notice containing the information about victims' rights. The bill would amend the Code of Criminal Procedure to require the prosecuting attorney for the state, the sheriff, police, and other law enforcement agencies to ensure to the extent practicable that a victim of a felony level property crime be afforded rights specified in the bill. A judge, prosecuting attorney for the state, peace officer, or law enforcement agency would not be held liable for a failure or inability to provide a right listed in the provisions of the bill. A law enforcement agency investigating the crime would be required to provide the victim with a written notice containing the rights pertaining to a victim of a felony level property crime. The proposed changes in statute would apply only to a felony level property crime committed on or after the effective date of the bill, which would be September 1, 2009. Each applicable entity, at a minimum, would incur costs for printing a written notice containing the information about victims' rights. Local Government Impact Costs associated with implementing provisions of the bill would vary by local law enforcement agency depending on the number of felony property crimes committed. According to the law enforcement agencies contacted by the Legislative Budget Board, there are numerous felony property crimes committed statewide. The Sheriffs' Association of Texas estimates that printing costs would range from several hundred dollars for a small sheriff's office up to several thousand dollars in larger counties. As an example, Harris County Office of Budget Management, estimates the county would incur costs of $7,800 per year, based on 13,000 cases annually and printing costs at $0.60 per notification. A sampling of city police departments reported costs of $100 per year in the City of Abilene; $2,000 annually for the Lubbock Police Department; and $15,000 the first year in the City of El Paso, which included costs of printing and mailing notices. Costs associated with implementing provisions of the bill would vary by local law enforcement agency depending on the number of felony property crimes committed. According to the law enforcement agencies contacted by the Legislative Budget Board, there are numerous felony property crimes committed statewide. The Sheriffs' Association of Texas estimates that printing costs would range from several hundred dollars for a small sheriff's office up to several thousand dollars in larger counties. As an example, Harris County Office of Budget Management, estimates the county would incur costs of $7,800 per year, based on 13,000 cases annually and printing costs at $0.60 per notification. A sampling of city police departments reported costs of $100 per year in the City of Abilene; $2,000 annually for the Lubbock Police Department; and $15,000 the first year in the City of El Paso, which included costs of printing and mailing notices. Source Agencies: LBB Staff: JOB, ESi, DB JOB, ESi, DB