BILL ANALYSIS H.B. 1221 By: Lozano Criminal Jurisprudence Committee Report (Unamended) BACKGROUND AND PURPOSE Pretrial intervention programs authorized under current state law to be operated by the Texas Department of Criminal Justice are ways in which first-time offending defendants may be supervised and rehabilitated and provided the opportunity to have their records expunged for certain crimes. The bill author has informed the committee that these programs range from requiring community service, drug tests, counseling, or other conditions, and are self-supporting, with costs associated with the programs paid through program participant fees. The bill author has further informed the committee that prosecutors have raised concerns that the current $500 cap on the reimbursement fee to counties, which was set in 2007 and has not been adjusted for inflation, is potentially putting a financial strain on pretrial intervention programs. H.B. 1221 seeks to ensure these programs remain financially self-supporting and can continue to effectively provide a path for expungement by raising the cap on the reimbursement fee that prosecutors may collect for the county from defendants participating in pretrial intervention programs from $500 to $1,200. CRIMINAL JUSTICE IMPACT It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution. ANALYSIS H.B. 1221 amends the Code of Criminal Procedure to raise from $500 to $1,200 the cap on the reimbursement fee that a district attorney, criminal district attorney, or county attorney may collect to reimburse a county for expenses, including expenses of the respective attorney's office, related to a defendant's participation in a pretrial intervention program offered in that county. H.B. 1221 applies only to a reimbursement fee for participation in a pretrial intervention program for an offense committed on or after the bill's effective date. A reimbursement fee relating to an offense committed before the bill's effective date is governed by the law in effect on the date the offense was committed, and the former law is continued in effect for that purpose. For these purposes, an offense was committed before the bill's effective date if any element of the offense occurred before that date. EFFECTIVE DATE September 1, 2025.
BILL ANALYSIS
# BILL ANALYSIS
H.B. 1221
By: Lozano
Criminal Jurisprudence
Committee Report (Unamended)
H.B. 1221
By: Lozano
Criminal Jurisprudence
Committee Report (Unamended)
BACKGROUND AND PURPOSE Pretrial intervention programs authorized under current state law to be operated by the Texas Department of Criminal Justice are ways in which first-time offending defendants may be supervised and rehabilitated and provided the opportunity to have their records expunged for certain crimes. The bill author has informed the committee that these programs range from requiring community service, drug tests, counseling, or other conditions, and are self-supporting, with costs associated with the programs paid through program participant fees. The bill author has further informed the committee that prosecutors have raised concerns that the current $500 cap on the reimbursement fee to counties, which was set in 2007 and has not been adjusted for inflation, is potentially putting a financial strain on pretrial intervention programs. H.B. 1221 seeks to ensure these programs remain financially self-supporting and can continue to effectively provide a path for expungement by raising the cap on the reimbursement fee that prosecutors may collect for the county from defendants participating in pretrial intervention programs from $500 to $1,200.
CRIMINAL JUSTICE IMPACT It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.
RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
ANALYSIS H.B. 1221 amends the Code of Criminal Procedure to raise from $500 to $1,200 the cap on the reimbursement fee that a district attorney, criminal district attorney, or county attorney may collect to reimburse a county for expenses, including expenses of the respective attorney's office, related to a defendant's participation in a pretrial intervention program offered in that county. H.B. 1221 applies only to a reimbursement fee for participation in a pretrial intervention program for an offense committed on or after the bill's effective date. A reimbursement fee relating to an offense committed before the bill's effective date is governed by the law in effect on the date the offense was committed, and the former law is continued in effect for that purpose. For these purposes, an offense was committed before the bill's effective date if any element of the offense occurred before that date.
EFFECTIVE DATE September 1, 2025.
BACKGROUND AND PURPOSE
Pretrial intervention programs authorized under current state law to be operated by the Texas Department of Criminal Justice are ways in which first-time offending defendants may be supervised and rehabilitated and provided the opportunity to have their records expunged for certain crimes. The bill author has informed the committee that these programs range from requiring community service, drug tests, counseling, or other conditions, and are self-supporting, with costs associated with the programs paid through program participant fees. The bill author has further informed the committee that prosecutors have raised concerns that the current $500 cap on the reimbursement fee to counties, which was set in 2007 and has not been adjusted for inflation, is potentially putting a financial strain on pretrial intervention programs. H.B. 1221 seeks to ensure these programs remain financially self-supporting and can continue to effectively provide a path for expungement by raising the cap on the reimbursement fee that prosecutors may collect for the county from defendants participating in pretrial intervention programs from $500 to $1,200.
CRIMINAL JUSTICE IMPACT
It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.
RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
ANALYSIS
H.B. 1221 amends the Code of Criminal Procedure to raise from $500 to $1,200 the cap on the reimbursement fee that a district attorney, criminal district attorney, or county attorney may collect to reimburse a county for expenses, including expenses of the respective attorney's office, related to a defendant's participation in a pretrial intervention program offered in that county.
H.B. 1221 applies only to a reimbursement fee for participation in a pretrial intervention program for an offense committed on or after the bill's effective date. A reimbursement fee relating to an offense committed before the bill's effective date is governed by the law in effect on the date the offense was committed, and the former law is continued in effect for that purpose. For these purposes, an offense was committed before the bill's effective date if any element of the offense occurred before that date.
EFFECTIVE DATE
September 1, 2025.