LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 81ST LEGISLATIVE REGULAR SESSION April 24, 2009 TO: Honorable Pete Gallego, Chair, House Committee on Criminal Jurisprudence FROM: John S. O'Brien, Director, Legislative Budget Board IN RE:HB1152 by Thompson ( Relating to the applicability of the death penalty to a capital offense committed by a person with mental retardation.), Committee Report 1st House, Substituted No significant fiscal implication to the State is anticipated. The bill would amend the Code of Criminal Procedure as it relates to the applicability of the death penalty to a capital offense committed by a person with mental retardation. The bill would permit a defendant in a capital case to request that the judge hold a pre-trial hearing to determine whether the defendant was a person with mental retardation at the time of the alleged offense. The bill would prohibit a person who is found to have been mentally retarded at the time of the offense (and who is convicted) from being punished with death. Such a defendant would be sentenced to life in prison without parole. To the extent the bill would amend court procedures in capital cases; no significant affect on judicial workloads or offender populations is anticipated. Accordingly, no significant fiscal implication to the State is anticipated. The bill would take effect September 1, 2009. Local Government Impact No significant fiscal implication to units of local government is anticipated. Source Agencies:212 Office of Court Administration, Texas Judicial Council, 696 Department of Criminal Justice LBB Staff: JOB, TB, ESi, ZS, GG
LEGISLATIVE BUDGET BOARD
Austin, Texas
FISCAL NOTE, 81ST LEGISLATIVE REGULAR SESSION
April 24, 2009
TO: Honorable Pete Gallego, Chair, House Committee on Criminal Jurisprudence FROM: John S. O'Brien, Director, Legislative Budget Board IN RE:HB1152 by Thompson ( Relating to the applicability of the death penalty to a capital offense committed by a person with mental retardation.), Committee Report 1st House, Substituted
TO: Honorable Pete Gallego, Chair, House Committee on Criminal Jurisprudence
FROM: John S. O'Brien, Director, Legislative Budget Board
IN RE: HB1152 by Thompson ( Relating to the applicability of the death penalty to a capital offense committed by a person with mental retardation.), Committee Report 1st House, Substituted
Honorable Pete Gallego, Chair, House Committee on Criminal Jurisprudence
Honorable Pete Gallego, Chair, House Committee on Criminal Jurisprudence
John S. O'Brien, Director, Legislative Budget Board
John S. O'Brien, Director, Legislative Budget Board
HB1152 by Thompson ( Relating to the applicability of the death penalty to a capital offense committed by a person with mental retardation.), Committee Report 1st House, Substituted
HB1152 by Thompson ( Relating to the applicability of the death penalty to a capital offense committed by a person with mental retardation.), Committee Report 1st House, Substituted
No significant fiscal implication to the State is anticipated.
No significant fiscal implication to the State is anticipated.
The bill would amend the Code of Criminal Procedure as it relates to the applicability of the death penalty to a capital offense committed by a person with mental retardation. The bill would permit a defendant in a capital case to request that the judge hold a pre-trial hearing to determine whether the defendant was a person with mental retardation at the time of the alleged offense. The bill would prohibit a person who is found to have been mentally retarded at the time of the offense (and who is convicted) from being punished with death. Such a defendant would be sentenced to life in prison without parole. To the extent the bill would amend court procedures in capital cases; no significant affect on judicial workloads or offender populations is anticipated. Accordingly, no significant fiscal implication to the State is anticipated. The bill would take effect September 1, 2009.
The bill would amend the Code of Criminal Procedure as it relates to the applicability of the death penalty to a capital offense committed by a person with mental retardation. The bill would permit a defendant in a capital case to request that the judge hold a pre-trial hearing to determine whether the defendant was a person with mental retardation at the time of the alleged offense. The bill would prohibit a person who is found to have been mentally retarded at the time of the offense (and who is convicted) from being punished with death. Such a defendant would be sentenced to life in prison without parole.
To the extent the bill would amend court procedures in capital cases; no significant affect on judicial workloads or offender populations is anticipated. Accordingly, no significant fiscal implication to the State is anticipated. The bill would take effect September 1, 2009.
Local Government Impact
No significant fiscal implication to units of local government is anticipated.
Source Agencies: 212 Office of Court Administration, Texas Judicial Council, 696 Department of Criminal Justice
212 Office of Court Administration, Texas Judicial Council, 696 Department of Criminal Justice
LBB Staff: JOB, TB, ESi, ZS, GG
JOB, TB, ESi, ZS, GG