LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 82ND LEGISLATIVE REGULAR SESSION March 2, 2011 TO: Honorable John Whitmire, Chair, Senate Committee on Criminal Justice FROM: John S O'Brien, Director, Legislative Budget Board IN RE:SB121 by Ellis (Relating to photograph and live lineup identification procedures in criminal cases.), Committee Report 1st House, Substituted No significant fiscal implication to the State is anticipated. The bill would require law enforcement agencies, who employ peace officers who conduct photograph or live line-up identification procedures in the routine performance of the officer's duties, to adopt a detailed written policy regarding the administration of photograph and live lineup identification procedures. Under provisions of the bill, the Bill Blackwood Law Enforcement Management Institute of Texas (located at Sam Houston State University) would be required, with the advice and assistance of large, medium, and small law enforcement agencies, law enforcement associations, scientific experts in eyewitness memory, and appropriate organizations engaged in the development of law enforcement policy to develop and disseminate to all law enforcement agencies in the state a model policy and associated training materials regarding the administration of photograph and live lineup identification procedures. The Institute would be required to provide for a period of public comment before adopting the policy.The bill includes requirements for the model policy, deadlines for when the model policy would be disseminated, December 31, 2011, and when law enforcement agencies would be required to adopt the policy, September 1, 2012. The Bill Blackwood Law Enforcement Institute would be requried to complete a review of the model policy not later than December 31st of each odd-numbered year. Any costs associated with implementing provisions of the bill would be implemented within existing resources. Local Government Impact Because the bill would affect only those law enforcement agencies that conduct photograph or live lineup identification procedures, an agency would incur costs only if current policies and procedures require modification to comply with requirements of the bill. No significant fiscal implication to units of local government is anticipated. Source Agencies:405 Department of Public Safety, 758 Texas State University System LBB Staff: JOB, ESi, RT, GO, KKR
LEGISLATIVE BUDGET BOARD
Austin, Texas
FISCAL NOTE, 82ND LEGISLATIVE REGULAR SESSION
March 2, 2011
TO: Honorable John Whitmire, Chair, Senate Committee on Criminal Justice FROM: John S O'Brien, Director, Legislative Budget Board IN RE:SB121 by Ellis (Relating to photograph and live lineup identification procedures in criminal cases.), Committee Report 1st House, Substituted
TO: Honorable John Whitmire, Chair, Senate Committee on Criminal Justice
FROM: John S O'Brien, Director, Legislative Budget Board
IN RE: SB121 by Ellis (Relating to photograph and live lineup identification procedures in criminal cases.), Committee Report 1st House, Substituted
Honorable John Whitmire, Chair, Senate Committee on Criminal Justice
Honorable John Whitmire, Chair, Senate Committee on Criminal Justice
John S O'Brien, Director, Legislative Budget Board
John S O'Brien, Director, Legislative Budget Board
SB121 by Ellis (Relating to photograph and live lineup identification procedures in criminal cases.), Committee Report 1st House, Substituted
SB121 by Ellis (Relating to photograph and live lineup identification procedures in criminal cases.), Committee Report 1st House, Substituted
No significant fiscal implication to the State is anticipated.
No significant fiscal implication to the State is anticipated.
The bill would require law enforcement agencies, who employ peace officers who conduct photograph or live line-up identification procedures in the routine performance of the officer's duties, to adopt a detailed written policy regarding the administration of photograph and live lineup identification procedures. Under provisions of the bill, the Bill Blackwood Law Enforcement Management Institute of Texas (located at Sam Houston State University) would be required, with the advice and assistance of large, medium, and small law enforcement agencies, law enforcement associations, scientific experts in eyewitness memory, and appropriate organizations engaged in the development of law enforcement policy to develop and disseminate to all law enforcement agencies in the state a model policy and associated training materials regarding the administration of photograph and live lineup identification procedures. The Institute would be required to provide for a period of public comment before adopting the policy.The bill includes requirements for the model policy, deadlines for when the model policy would be disseminated, December 31, 2011, and when law enforcement agencies would be required to adopt the policy, September 1, 2012. The Bill Blackwood Law Enforcement Institute would be requried to complete a review of the model policy not later than December 31st of each odd-numbered year. Any costs associated with implementing provisions of the bill would be implemented within existing resources.
The bill would require law enforcement agencies, who employ peace officers who conduct photograph or live line-up identification procedures in the routine performance of the officer's duties, to adopt a detailed written policy regarding the administration of photograph and live lineup identification procedures. Under provisions of the bill, the Bill Blackwood Law Enforcement Management Institute of Texas (located at Sam Houston State University) would be required, with the advice and assistance of large, medium, and small law enforcement agencies, law enforcement associations, scientific experts in eyewitness memory, and appropriate organizations engaged in the development of law enforcement policy to develop and disseminate to all law enforcement agencies in the state a model policy and associated training materials regarding the administration of photograph and live lineup identification procedures. The Institute would be required to provide for a period of public comment before adopting the policy.The bill includes requirements for the model policy, deadlines for when the model policy would be disseminated, December 31, 2011, and when law enforcement agencies would be required to adopt the policy, September 1, 2012. The Bill Blackwood Law Enforcement Institute would be requried to complete a review of the model policy not later than December 31st of each odd-numbered year. Any costs associated with implementing provisions of the bill would be implemented within existing resources.
Local Government Impact
Because the bill would affect only those law enforcement agencies that conduct photograph or live lineup identification procedures, an agency would incur costs only if current policies and procedures require modification to comply with requirements of the bill. No significant fiscal implication to units of local government is anticipated.
Because the bill would affect only those law enforcement agencies that conduct photograph or live lineup identification procedures, an agency would incur costs only if current policies and procedures require modification to comply with requirements of the bill.
No significant fiscal implication to units of local government is anticipated.
Source Agencies: 405 Department of Public Safety, 758 Texas State University System
405 Department of Public Safety, 758 Texas State University System
LBB Staff: JOB, ESi, RT, GO, KKR
JOB, ESi, RT, GO, KKR