LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 87TH LEGISLATIVE REGULAR SESSION April 14, 2021 TO: Honorable Joan Huffman, Chair, Senate Committee on Jurisprudence FROM: Jerry McGinty, Director, Legislative Budget Board IN RE: SB1923 by Zaffirini (Relating to certain criminal court costs, fines, and fees.), As Introduced The fiscal implications of the bill cannot be determined because the fines and reimbursement fees that would be applied to additional defendants who are given deferred adjudication, deferred disposition, or deferral of judgment is unknown. The bill would amend the Code of Criminal Procedure to define the meaning of conviction for purposes of assessing court costs, fees, and fines under Title 2 of the Code to include deferred adjudication, deferred disposition, and deferral of imposition of the judgment. Under current law in the Code of Criminal Procedure, unless otherwise indicated, the term conviction does not include these types of judgments. The bill would amend the Government Code to provide an exception to the implementation of new or amended court costs and fees. Under the bill's provisions, the effective date of a law imposing or changing the amount of a court cost or fee is the next January 1 following the effective date of the law, unless the law takes effect on or after the January 1 following the regular session of the legislature that passed the law.The bill would amend various other statutes to reclassify certain fines and fees as reimbursement fees. Based on information provided by the Office of Court Administration (OCA) and the Comptroller of Public Accounts, the reclassifications would not change the amount or the allocation of the cost item. The application of some fines and reimbursement fees to additional defendants who are given deferred adjudication, deferred disposition, or deferral of the judgment could result in additional state revenue; however, the extent to which state revenue would be impacted cannot be estimated.The bill would take effect September 1, 2021. Local Government ImpactThe application of some fines and reimbursement fees to additional defendants who are given deferred adjudication, deferred disposition, or deferral of the judgment will result in additional revenue to the local governments in certain accounts. The amounts will vary by jurisdiction based upon volume. However, OCA is unable to determine the impact at this time.According to the Texas Association of Counties, there may be a positive fiscal impact on counties, but in an amount that cannot be determined. Source Agencies: b > td > 212 Office of Court Admin, 304 Comptroller of Public Accounts LBB Staff: b > td > JMc, SLE, MW, BH, AF
LEGISLATIVE BUDGET BOARD
Austin, Texas
FISCAL NOTE, 87TH LEGISLATIVE REGULAR SESSION
April 14, 2021
TO: Honorable Joan Huffman, Chair, Senate Committee on Jurisprudence FROM: Jerry McGinty, Director, Legislative Budget Board IN RE: SB1923 by Zaffirini (Relating to certain criminal court costs, fines, and fees.), As Introduced
TO: Honorable Joan Huffman, Chair, Senate Committee on Jurisprudence
FROM: Jerry McGinty, Director, Legislative Budget Board
IN RE: SB1923 by Zaffirini (Relating to certain criminal court costs, fines, and fees.), As Introduced
Honorable Joan Huffman, Chair, Senate Committee on Jurisprudence
Honorable Joan Huffman, Chair, Senate Committee on Jurisprudence
Jerry McGinty, Director, Legislative Budget Board
Jerry McGinty, Director, Legislative Budget Board
SB1923 by Zaffirini (Relating to certain criminal court costs, fines, and fees.), As Introduced
SB1923 by Zaffirini (Relating to certain criminal court costs, fines, and fees.), As Introduced
The fiscal implications of the bill cannot be determined because the fines and reimbursement fees that would be applied to additional defendants who are given deferred adjudication, deferred disposition, or deferral of judgment is unknown.
The fiscal implications of the bill cannot be determined because the fines and reimbursement fees that would be applied to additional defendants who are given deferred adjudication, deferred disposition, or deferral of judgment is unknown.
The bill would amend the Code of Criminal Procedure to define the meaning of conviction for purposes of assessing court costs, fees, and fines under Title 2 of the Code to include deferred adjudication, deferred disposition, and deferral of imposition of the judgment. Under current law in the Code of Criminal Procedure, unless otherwise indicated, the term conviction does not include these types of judgments. The bill would amend the Government Code to provide an exception to the implementation of new or amended court costs and fees. Under the bill's provisions, the effective date of a law imposing or changing the amount of a court cost or fee is the next January 1 following the effective date of the law, unless the law takes effect on or after the January 1 following the regular session of the legislature that passed the law.The bill would amend various other statutes to reclassify certain fines and fees as reimbursement fees. Based on information provided by the Office of Court Administration (OCA) and the Comptroller of Public Accounts, the reclassifications would not change the amount or the allocation of the cost item. The application of some fines and reimbursement fees to additional defendants who are given deferred adjudication, deferred disposition, or deferral of the judgment could result in additional state revenue; however, the extent to which state revenue would be impacted cannot be estimated.The bill would take effect September 1, 2021.
The bill would take effect September 1, 2021.
Local Government Impact
The application of some fines and reimbursement fees to additional defendants who are given deferred adjudication, deferred disposition, or deferral of the judgment will result in additional revenue to the local governments in certain accounts. The amounts will vary by jurisdiction based upon volume. However, OCA is unable to determine the impact at this time.According to the Texas Association of Counties, there may be a positive fiscal impact on counties, but in an amount that cannot be determined.
Source Agencies: b > td > 212 Office of Court Admin, 304 Comptroller of Public Accounts
212 Office of Court Admin, 304 Comptroller of Public Accounts
LBB Staff: b > td > JMc, SLE, MW, BH, AF
JMc, SLE, MW, BH, AF