[1] NOTE:  As provided in LFC policy, this report is intended only for use by the standing finance committees of the legislature.  The Legislative Finance Committee does not assume responsibility for the accuracy of the information in this report when used in any other situation.

 

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F I S C A L   I M P A C T   R E P O R T

 

 

 

SPONSOR:

Vigil

 

DATE TYPED:

01/27/02

 

HB

189

 

SHORT TITLE:

4th Judicial DA Prison Prosecution Unit

 

SB

 

 

 

ANALYST:

Belmares

 

APPROPRIATION

 

Appropriation Contained

Estimated Additional Impact

Recurring

or Non-Rec

Fund

Affected

FY02

FY03

FY02

FY03

 

 

 

$539.2

 

 

Non-Recurring

General Fund

 

(Parenthesis ( ) Indicate Expenditure Decreases)

 

 

Duplicates SB 183

 

SOURCES OF INFORMATION

 

LFC Files

 

SUMMARY

 

     Synopsis of Bill

 

House Bill 189 appropriates $539.2 from the general fund to the Fourth Judicial District Attorney to continue prosecuting cases that arose from the 1999 riot at the Guadalupe County correctional

facility. 

 

     Significant Issues

 

The Fourth Judicial Attorney requested $539.1 from the general fund as a special appropriation for FY03 to continue funding the prison prosecution unit.  The LFC initially recommended funding this request with $250.0 from the general fund and the executive did not recommend funding this request.  However, on January 26, 2002, HAFC took action to amend HB2 in which it recommended appropriating $350.0 to the Fourth Judicial District Attorney for the prison prosecution unit.

 

The prison prosecution unit is expected to be in existence at least a few more years as the Fourth Judicial District Attorney prosecutes the cases stemming from the 1999 riot at the Guadalupe County correctional facility.  AODA has indicated that without the appropriation provided in

 

 

SB183, the Fourth Judicial District Attorney’s ability to continue the operation of the prison prosecution unit would be adversely affected.

 

Additionally, the Public Defender Department (PDD) has indicated that SB 183 (duplicate to HB 189) does not appropriate any funding to PDD, an agency with an adversarial role against the Fourth Judicial District Attorney on the issue of the cases stemming from the 1999 riot at the Guadalupe County correctional facility.

 

FISCAL IMPLICATIONS

 

The appropriation of $539.2 contained in HB 189 is a non-recurring expense to the general fund.  Any unexpended or unencumbered balance remaining at the end of FY03 shall revert to the general fund.

 

DUPLICATION

 

HB 189 duplicates SB 183.

 

EB/ar

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