LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 83RD LEGISLATIVE REGULAR SESSION April 8, 2013 TO: Honorable John Whitmire, Chair, Senate Committee on Criminal Justice FROM: Ursula Parks, Director, Legislative Budget Board IN RE:SB893 by Carona (Relating to certain conditions of, penalties for violating, or collection of information about protective orders issued in certain family violence, sexual assault or abuse, stalking, or trafficking cases.), As Introduced No significant fiscal implication to the State is anticipated. The bill would amend the Code of Criminal Procedure to specify that certain individuals are eligible for obtaining a court's protective order. The bill would clarify that a court may prohibit an alleged offender from communicating in any manner with the applicant, or any member of the applicant's family or household, except through the applicant's attorney or a person appointed by the court. The bill would amend the Government Code to require the Department of Public Safety's (DPS) bureau of identification and records to obtain pertinent information regarding the conditions of bond imposed on the person to whom the order is directed for the protection of a victim in any family violence, sexual assault, or stalking case. The bill would also require DPS to create a new Texas-only file in Texas Crime Information Center to collect information on the bond conditions imposed upon an individual when imposed for the protection of a victim of any family violence, sexual assault, or stalking case. It is assumed the provisions of the bill could be implemented within current appropriations. The bill would take effect September 1, 2013. Local Government Impact The bill would modify Class A misdemeanors. A Class A misdemeanor is punishable by a fine of not more than $4,000, confinement in jail for a term not to exceed one year, or both. Costs associated with enforcement, prosecution and confinement could likely be absorbed within existing resources. Revenue from fines imposed and collected is not anticipated to have a significant fiscal impact. Source Agencies:405 Department of Public Safety LBB Staff: UP, ESi, AI, JAW, JGA, KKR
LEGISLATIVE BUDGET BOARD
Austin, Texas
FISCAL NOTE, 83RD LEGISLATIVE REGULAR SESSION
April 8, 2013
TO: Honorable John Whitmire, Chair, Senate Committee on Criminal Justice FROM: Ursula Parks, Director, Legislative Budget Board IN RE:SB893 by Carona (Relating to certain conditions of, penalties for violating, or collection of information about protective orders issued in certain family violence, sexual assault or abuse, stalking, or trafficking cases.), As Introduced
TO: Honorable John Whitmire, Chair, Senate Committee on Criminal Justice
FROM: Ursula Parks, Director, Legislative Budget Board
IN RE: SB893 by Carona (Relating to certain conditions of, penalties for violating, or collection of information about protective orders issued in certain family violence, sexual assault or abuse, stalking, or trafficking cases.), 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
SB893 by Carona (Relating to certain conditions of, penalties for violating, or collection of information about protective orders issued in certain family violence, sexual assault or abuse, stalking, or trafficking cases.), As Introduced
SB893 by Carona (Relating to certain conditions of, penalties for violating, or collection of information about protective orders issued in certain family violence, sexual assault or abuse, stalking, or trafficking cases.), 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 specify that certain individuals are eligible for obtaining a court's protective order. The bill would clarify that a court may prohibit an alleged offender from communicating in any manner with the applicant, or any member of the applicant's family or household, except through the applicant's attorney or a person appointed by the court. The bill would amend the Government Code to require the Department of Public Safety's (DPS) bureau of identification and records to obtain pertinent information regarding the conditions of bond imposed on the person to whom the order is directed for the protection of a victim in any family violence, sexual assault, or stalking case. The bill would also require DPS to create a new Texas-only file in Texas Crime Information Center to collect information on the bond conditions imposed upon an individual when imposed for the protection of a victim of any family violence, sexual assault, or stalking case. It is assumed the provisions of the bill could be implemented within current appropriations. The bill would take effect September 1, 2013.
The bill would amend the Code of Criminal Procedure to specify that certain individuals are eligible for obtaining a court's protective order. The bill would clarify that a court may prohibit an alleged offender from communicating in any manner with the applicant, or any member of the applicant's family or household, except through the applicant's attorney or a person appointed by the court. The bill would amend the Government Code to require the Department of Public Safety's (DPS) bureau of identification and records to obtain pertinent information regarding the conditions of bond imposed on the person to whom the order is directed for the protection of a victim in any family violence, sexual assault, or stalking case. The bill would also require DPS to create a new Texas-only file in Texas Crime Information Center to collect information on the bond conditions imposed upon an individual when imposed for the protection of a victim of any family violence, sexual assault, or stalking case.
It is assumed the provisions of the bill could be implemented within current appropriations. The bill would take effect September 1, 2013.
Local Government Impact
The bill would modify Class A misdemeanors. A Class A misdemeanor is punishable by a fine of not more than $4,000, confinement in jail for a term not to exceed one year, or both. Costs associated with enforcement, prosecution and confinement could likely be absorbed within existing resources. Revenue from fines imposed and collected is not anticipated to have a significant fiscal impact.
The bill would modify Class A misdemeanors. A Class A misdemeanor is punishable by a fine of not more than $4,000, confinement in jail for a term not to exceed one year, or both. Costs associated with enforcement, prosecution and confinement could likely be absorbed within existing resources. Revenue from fines imposed and collected is not anticipated to have a significant fiscal impact.
Source Agencies: 405 Department of Public Safety
405 Department of Public Safety
LBB Staff: UP, ESi, AI, JAW, JGA, KKR
UP, ESi, AI, JAW, JGA, KKR