HBA-BSM H.B. 2721 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2721
By: Raymond
Criminal Jurisprudence
3/29/2001
Introduced



BACKGROUND AND PURPOSE 

Expert witnesses provide an invaluable service in the investigation and
eventual prosecution of child abuse cases.  In instances of child
fatalities and other complex physical abuse cases such as shaken baby
syndrome, expert medical and forensic witnesses are able to testify to the
manner and cause of the child's injuries and provide technical information
about how such determinations are made.  Expert testimony is especially
important in child sexual abuse cases, where psychological testimony is
paramount in providing the necessary information for jurors to understand
the dynamics of sexual abuse and its emotional effects on the child victim. 

Currently, individual jurisdictions are responsible for providing the funds
to reimburse expert witnesses for their time and expenses in consulting
with the police during the investigative phase and later when they come to
court to testify.  Many counties, especially smaller counties, lack
adequate resources and therefore the funding to pay for the experts to
investigate and prosecute these cases.  House Bill 2721 provides that the
attorney general has authority to expend up to $5,000 from the compensation
to victims of crime fund for the purpose of obtaining expert witnesses in
the investigation and prosecution of child abuse and death cases. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

House Bill 2721 amends the Code of Criminal Procedure to authorize the
attorney general to use the compensation to victims of crime fund to pay an
expert witness fee incurred in the investigation or prosecution of a
criminal case based on physical or sexual abuse of a child or the death of
a child. The bill provides that the attorney general must pay the fee
directly from the fund to the expert witness.  The attorney general is
prohibited from paying more than $5,000 from the fund for an expert witness
fee.  

EFFECTIVE DATE

On passage, or if the Act does not receive the necessary vote, the Act
takes effect September 1, 2001.