LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 85TH LEGISLATIVE REGULAR SESSION May 9, 2017 TO: Honorable John Whitmire, Chair, Senate Committee on Criminal Justice FROM: Ursula Parks, Director, Legislative Budget Board IN RE:SB1424 by Buckingham (Relating to grand jury proceedings; providing a penalty for contempt of court.), As Introduced No significant fiscal implication to the State is anticipated. The bill would amend the Code of Criminal Procedure and the Civil Practice and Remedies Code as it applies to grand jury proceedings. The bill would allow the attorney of a witness to remain in the grand jury room for the purpose of consultation. The bill would require that all grand jury proceedings other than deliberations be recorded. The bill would prohibit a person from being investigated a second time on the same charge by a grand jury if there is no new evidence. The bill would clarify that the prosecutor is obligated to present all exculpatory evidence to the grand jury. Based on the analysis of the Office of Court Administration, duties and responsibilities associated with implementing the provisions of the bill could be accomplished using existing resources. Local Government Impact According to the Office of Court Administration, there may be some cost to counties to record grand jury proceedings for all witnesses. The cost may be minimal if the county chooses to purchase an electronic recording system or more significant if the county chooses to use a stenographer. However, since counties have a choice of the two options, the cost is not anticipated to be significant. Source Agencies:212 Office of Court Administration, Texas Judicial Council LBB Staff: UP, KJo, PBO
LEGISLATIVE BUDGET BOARD
Austin, Texas
FISCAL NOTE, 85TH LEGISLATIVE REGULAR SESSION
May 9, 2017
TO: Honorable John Whitmire, Chair, Senate Committee on Criminal Justice FROM: Ursula Parks, Director, Legislative Budget Board IN RE:SB1424 by Buckingham (Relating to grand jury proceedings; providing a penalty for contempt of court.), As Introduced
TO: Honorable John Whitmire, Chair, Senate Committee on Criminal Justice
FROM: Ursula Parks, Director, Legislative Budget Board
IN RE: SB1424 by Buckingham (Relating to grand jury proceedings; providing a penalty for contempt of court.), 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
SB1424 by Buckingham (Relating to grand jury proceedings; providing a penalty for contempt of court.), As Introduced
SB1424 by Buckingham (Relating to grand jury proceedings; providing a penalty for contempt of court.), 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 and the Civil Practice and Remedies Code as it applies to grand jury proceedings. The bill would allow the attorney of a witness to remain in the grand jury room for the purpose of consultation. The bill would require that all grand jury proceedings other than deliberations be recorded. The bill would prohibit a person from being investigated a second time on the same charge by a grand jury if there is no new evidence. The bill would clarify that the prosecutor is obligated to present all exculpatory evidence to the grand jury. Based on the analysis of the Office of Court Administration, duties and responsibilities associated with implementing the provisions of the bill could be accomplished using existing resources.
Local Government Impact
According to the Office of Court Administration, there may be some cost to counties to record grand jury proceedings for all witnesses. The cost may be minimal if the county chooses to purchase an electronic recording system or more significant if the county chooses to use a stenographer. However, since counties have a choice of the two options, the cost is not anticipated to be significant.
Source Agencies: 212 Office of Court Administration, Texas Judicial Council
212 Office of Court Administration, Texas Judicial Council
LBB Staff: UP, KJo, PBO
UP, KJo, PBO