LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 85TH LEGISLATIVE REGULAR SESSION March 29, 2017 TO: Honorable John Whitmire, Chair, Senate Committee on Criminal Justice FROM: Ursula Parks, Director, Legislative Budget Board IN RE:SB291 by Whitmire (relating to the issuance of a writ of attachment for certain witnesses.), Committee Report 1st House, Substituted No significant fiscal implication to the State is anticipated. The bill would amend the Code of Criminal Procedure and Government Code to reform a writ of attachment and would limit a prosecutor or foreman to the issuance of a summons, but authorizes the prosecutor or foreman to request the issuance of a writ of attachment by a district court. The bill would require that the subject of the proposed writ be provided with representation and a hearing in the county of their residence and only allow issuance of the writ upon a court's finding that the subject is a material witness and the writ is necessary to ensure the witness will testify. The bill would establish reporting obligations associated with these writs. Based on the analysis of the Office of Court Administration, Department of Public Safety, and Comptroller of Public Accounts, duties and responsibilities associated with implementing the provisions of the bill could be accomplished by utilizing existing resources. Local Government Impact No significant fiscal implication to units of local government is anticipated. Source Agencies:212 Office of Court Administration, Texas Judicial Council, 304 Comptroller of Public Accounts, 405 Department of Public Safety LBB Staff: UP, JGA, KJo, GDz, JAW
LEGISLATIVE BUDGET BOARD
Austin, Texas
FISCAL NOTE, 85TH LEGISLATIVE REGULAR SESSION
March 29, 2017
TO: Honorable John Whitmire, Chair, Senate Committee on Criminal Justice FROM: Ursula Parks, Director, Legislative Budget Board IN RE:SB291 by Whitmire (relating to the issuance of a writ of attachment for certain witnesses.), Committee Report 1st House, Substituted
TO: Honorable John Whitmire, Chair, Senate Committee on Criminal Justice
FROM: Ursula Parks, Director, Legislative Budget Board
IN RE: SB291 by Whitmire (relating to the issuance of a writ of attachment for certain witnesses.), Committee Report 1st House, Substituted
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
SB291 by Whitmire (relating to the issuance of a writ of attachment for certain witnesses.), Committee Report 1st House, Substituted
SB291 by Whitmire (relating to the issuance of a writ of attachment for certain witnesses.), 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 amend the Code of Criminal Procedure and Government Code to reform a writ of attachment and would limit a prosecutor or foreman to the issuance of a summons, but authorizes the prosecutor or foreman to request the issuance of a writ of attachment by a district court. The bill would require that the subject of the proposed writ be provided with representation and a hearing in the county of their residence and only allow issuance of the writ upon a court's finding that the subject is a material witness and the writ is necessary to ensure the witness will testify. The bill would establish reporting obligations associated with these writs. Based on the analysis of the Office of Court Administration, Department of Public Safety, and Comptroller of Public Accounts, duties and responsibilities associated with implementing the provisions of the bill could be accomplished by utilizing existing resources.
The bill would amend the Code of Criminal Procedure and Government Code to reform a writ of attachment and would limit a prosecutor or foreman to the issuance of a summons, but authorizes the prosecutor or foreman to request the issuance of a writ of attachment by a district court. The bill would require that the subject of the proposed writ be provided with representation and a hearing in the county of their residence and only allow issuance of the writ upon a court's finding that the subject is a material witness and the writ is necessary to ensure the witness will testify. The bill would establish reporting obligations associated with these writs. Based on the analysis of the Office of Court Administration, Department of Public Safety, and Comptroller of Public Accounts, duties and responsibilities associated with implementing the provisions of the bill could be accomplished by utilizing existing resources.
Local Government Impact
No significant fiscal implication to units of local government is anticipated.
Source Agencies: 212 Office of Court Administration, Texas Judicial Council, 304 Comptroller of Public Accounts, 405 Department of Public Safety
212 Office of Court Administration, Texas Judicial Council, 304 Comptroller of Public Accounts, 405 Department of Public Safety
LBB Staff: UP, JGA, KJo, GDz, JAW
UP, JGA, KJo, GDz, JAW