LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 83RD LEGISLATIVE REGULAR SESSION March 7, 2013 TO: Honorable John Whitmire, Chair, Senate Committee On Criminal Justice FROM: Ursula Parks, Director, Legislative Budget Board IN RE:SB12 by Huffman (Relating to the admissibility of evidence of other similar offenses in the prosecution of certain sexual offenses.), As Introduced No significant fiscal implication to the State is anticipated. The bill would amend the Code of Criminal Procedure Article 38.37 to permit the admission of evidence that a defendant being tried for certain sexual crimes against children has committed certain separate offenses. The bill requires that a trial judge conduct a hearing out of the presence of the jury before the evidence is introduced to determine if the evidence will be adequate to support a finding that the defendant committed the separate offense beyond a reasonable doubt. The bill requires that the state give the defendant notice of their intent to introduce such evidence no later than the 30th day before the defendant's trial date. The Office of Court Administration indicates the bill's provisions would not result in significant fiscal impact to the state. The bill would take effect on September 1, 2013, and only applies to the admissibility of evidence in a criminal proceeding that commences on or after that date. 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: UP, ESi, AM, JPo
LEGISLATIVE BUDGET BOARD
Austin, Texas
FISCAL NOTE, 83RD LEGISLATIVE REGULAR SESSION
March 7, 2013
TO: Honorable John Whitmire, Chair, Senate Committee On Criminal Justice FROM: Ursula Parks, Director, Legislative Budget Board IN RE:SB12 by Huffman (Relating to the admissibility of evidence of other similar offenses in the prosecution of certain sexual offenses.), As Introduced
TO: Honorable John Whitmire, Chair, Senate Committee On Criminal Justice
FROM: Ursula Parks, Director, Legislative Budget Board
IN RE: SB12 by Huffman (Relating to the admissibility of evidence of other similar offenses in the prosecution of certain sexual offenses.), As Introduced
Honorable John Whitmire, Chair, Senate Committee On Criminal Justice
Honorable John Whitmire, Chair, Senate Committee On Criminal Justice
Ursula Parks, Director, Legislative Budget Board
Ursula Parks, Director, Legislative Budget Board
SB12 by Huffman (Relating to the admissibility of evidence of other similar offenses in the prosecution of certain sexual offenses.), As Introduced
SB12 by Huffman (Relating to the admissibility of evidence of other similar offenses in the prosecution of certain sexual offenses.), 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 Article 38.37 to permit the admission of evidence that a defendant being tried for certain sexual crimes against children has committed certain separate offenses. The bill requires that a trial judge conduct a hearing out of the presence of the jury before the evidence is introduced to determine if the evidence will be adequate to support a finding that the defendant committed the separate offense beyond a reasonable doubt. The bill requires that the state give the defendant notice of their intent to introduce such evidence no later than the 30th day before the defendant's trial date. The Office of Court Administration indicates the bill's provisions would not result in significant fiscal impact to the state. The bill would take effect on September 1, 2013, and only applies to the admissibility of evidence in a criminal proceeding that commences on or after that date.
The bill would amend the Code of Criminal Procedure Article 38.37 to permit the admission of evidence that a defendant being tried for certain sexual crimes against children has committed certain separate offenses. The bill requires that a trial judge conduct a hearing out of the presence of the jury before the evidence is introduced to determine if the evidence will be adequate to support a finding that the defendant committed the separate offense beyond a reasonable doubt. The bill requires that the state give the defendant notice of their intent to introduce such evidence no later than the 30th day before the defendant's trial date. The Office of Court Administration indicates the bill's provisions would not result in significant fiscal impact to the state.
The bill would take effect on September 1, 2013, and only applies to the admissibility of evidence in a criminal proceeding that commences on or after that date.
Local Government Impact
No significant fiscal implication to units of local government is anticipated.
Source Agencies: 212 Office of Court Administration, Texas Judicial Council
212 Office of Court Administration, Texas Judicial Council
LBB Staff: UP, ESi, AM, JPo
UP, ESi, AM, JPo