LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 87TH LEGISLATIVE REGULAR SESSION March 30, 2021 TO: Honorable Nicole Collier, Chair, House Committee on Criminal Jurisprudence FROM: Jerry McGinty, Director, Legislative Budget Board IN RE: HB689 by Collier (Relating to the appearance of an arrested person before a magistrate and to the retention of certain related records.), Committee Report 1st House, Substituted No significant fiscal implication to the State is anticipated. The bill would reorganize Article 15.17(a), Code of Criminal Procedure, related to a magistrate informing an arrested person of their rights when they first appear in court following arrest, by adding subsection headings and shifting text to improve readability. The bill would require magistrates conducting proceedings via videoconference to ensure that the arrestee can connect to and understand the image and sound of the videoconference.The bill would require a magistrate who has reasonable cause to believe the arrested person is mentally ill or a person with an intellectual disability to follow the procedures of Article 16.22 to conduct assessment of the person. The bill would require the magistrate to appoint counsel or notify the appointing authority if the arrestee cannot understand and participate in the proceedingBased on the analysis of the Office of Court Administration (OCA) and the Commission on Jail Standards, it is assumed that duties and responsibilities associated with implementing the provisions of the bill can be accomplished utilizing existing resources. In addition, OCA anticipates no significant fiscal impact to the state court system due to implementing the provisions of the bill. Local Government ImpactThe Texas Municipal League does not anticipate significant fiscal implication to units of local government. Source Agencies: b > td > 212 Office of Court Admin, 409 Commission on Jail Standards LBB Staff: b > td > JMc, DKN, BH, MW, AF
LEGISLATIVE BUDGET BOARD
Austin, Texas
FISCAL NOTE, 87TH LEGISLATIVE REGULAR SESSION
March 30, 2021
TO: Honorable Nicole Collier, Chair, House Committee on Criminal Jurisprudence FROM: Jerry McGinty, Director, Legislative Budget Board IN RE: HB689 by Collier (Relating to the appearance of an arrested person before a magistrate and to the retention of certain related records.), Committee Report 1st House, Substituted
TO: Honorable Nicole Collier, Chair, House Committee on Criminal Jurisprudence
FROM: Jerry McGinty, Director, Legislative Budget Board
IN RE: HB689 by Collier (Relating to the appearance of an arrested person before a magistrate and to the retention of certain related records.), Committee Report 1st House, Substituted
Honorable Nicole Collier, Chair, House Committee on Criminal Jurisprudence
Honorable Nicole Collier, Chair, House Committee on Criminal Jurisprudence
Jerry McGinty, Director, Legislative Budget Board
Jerry McGinty, Director, Legislative Budget Board
HB689 by Collier (Relating to the appearance of an arrested person before a magistrate and to the retention of certain related records.), Committee Report 1st House, Substituted
HB689 by Collier (Relating to the appearance of an arrested person before a magistrate and to the retention of certain related records.), 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 reorganize Article 15.17(a), Code of Criminal Procedure, related to a magistrate informing an arrested person of their rights when they first appear in court following arrest, by adding subsection headings and shifting text to improve readability. The bill would require magistrates conducting proceedings via videoconference to ensure that the arrestee can connect to and understand the image and sound of the videoconference.The bill would require a magistrate who has reasonable cause to believe the arrested person is mentally ill or a person with an intellectual disability to follow the procedures of Article 16.22 to conduct assessment of the person. The bill would require the magistrate to appoint counsel or notify the appointing authority if the arrestee cannot understand and participate in the proceedingBased on the analysis of the Office of Court Administration (OCA) and the Commission on Jail Standards, it is assumed that duties and responsibilities associated with implementing the provisions of the bill can be accomplished utilizing existing resources. In addition, OCA anticipates no significant fiscal impact to the state court system due to implementing the provisions of the bill.
Local Government Impact
The Texas Municipal League does not anticipate significant fiscal implication to units of local government.
Source Agencies: b > td > 212 Office of Court Admin, 409 Commission on Jail Standards
212 Office of Court Admin, 409 Commission on Jail Standards
LBB Staff: b > td > JMc, DKN, BH, MW, AF
JMc, DKN, BH, MW, AF