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

SPONSOR HJC

DATE TYPED 3/17/05

HB 356 & 578/HJCS

SHORT TITLE Employee Leave for Certain Crime Victims

SB

ANALYST Wilson

APPROPRIATION

Appropriation Contained Estimated Additional Impact Recurring

or Non-Rec

Fund

Affected

FY05

FY06

FY05

FY06

$0.1 Recurring

GF

SOURCES OF INFORMATION

LFC Files

SUMMARY

Synopsis of Bill

The House Judiciary Committee substitute for House Bill 356 and House Bill 578 requires em-

ployers to provide paid or unpaid leave to an employee who is a crime victim to attend any judi-

cial proceeding that relates to a crime committed against the victim.

An employer may require that a request for leave supported by satisfactory evidence The em-

ployee shall provide, in a timely manner, satisfactory evidence to the employer.

The bill defines the following:

•

Crime victim means a person against whom a criminal offense is committed, a family

member or a victim's representative when the crime victim is a minor, incompetent or a

homicide victim;

•

Employer means any person employing four or more persons and any person acting for

an employer.

•

Satisfactory evidence includes any police, court or official records or reports concerning

a crime committed against the victim.

The effective date of the provisions of this act is July 1, 2005.

House Bill 356 & 578/HJCS -- Page 2

Significant Issues

This substitute does not require employers to grant the same leave protections to witnesses of

crimes. Witnesses are usually issued subpoenas and required to attend judicial proceedings. The

Attorney General’s Office suggests that this bill should extend the same leave policy to witnesses

as well as victims of crime.

This bill does not provide any penalties for violating its provisions nor does it designate a re-

sponsible party for the enforcement of the legislation.

FISCAL IMPLICATIONS

There will be a minimal administrative cost for statewide update, distribution, and documenta-

tion of statutory changes. Any additional fiscal impact on the judiciary would be proportional to

the enforcement of this law and commenced prosecutions. New laws, amendments to existing

laws, and new hearings have the potential to increase caseloads in the courts, thus requiring addi-

tional resources to handle the increase.

ADMINISTRATIVE IMPLICATIONS

Public employers should be able to manage the requirements in this bill with proper planning.

POSSIBLE QUESTIONS

This bill defines “employer” as any person employing fouror more employees at any one time.

Is that based on presumed cost considerations. Should an employer with less than four employ-

ees have to comply with this provision.

DW/lg:rs