HBA-KMH H.B. 1752 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 1752 By: Coleman Judicial Affairs 3/16/1999 Introduced BACKGROUND AND PURPOSE Currently, the Code of Criminal Procedure addresses the matter and method of compensation to be paid to legal counsel for a defendant in a criminal proceeding. However, there is no specific language in the Code of Criminal Procedure that pertains to compensation to a licensed private investigator who works on behalf of the defendant. Private investigators most often rely on payment from the defendant's legal counsel. This method of compensation cab cause delay in payment to a private investigator for services rendered. H.B. 1752 authorizes advanced payment for expenses anticipated or reimbursement of expenses incurred for purposes of investigation or expert testimony to be paid directly to a duly licensed private investigator or an expert witness in the manner designated by appointed counsel and approved by the court from county funds. 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. SECTION BY SECTION ANALYSIS SECTION 1. Amends Article 26.05, Code of Criminal Procedure, by adding Subsection (f), as follows: (f) Authorizes reimbursement of expenses incurred for purposes of investigation or expert testimony to be paid directly to a duly licensed private investigator or an expert witness in the manner designated by appointed counsel and approved by the court. SECTION 2. Amends Article 26.052, Code of Criminal Procedure, by amending Subsections (g) and (l), as follows: (g) Requires the grounds on which the court relied for a determination that an amount requested for advance payment of expenses was unreasonable to be included in a written denial by the court. (l) Authorizes advanced payment of expenses anticipated or reimbursement of expenses incurred for purposes of investigation or expert testimony to be paid directly to a duly licensed private investigator or an expert witness in the manner designated by appointed counsel and approved by the court. SECTION 3. Effective date: September 1, 1999. SECTION 4. Emergency clause.