LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 81ST LEGISLATIVE REGULAR SESSION March 17, 2009 TO: Honorable Pete Gallego, Chair, House Committee on Criminal Jurisprudence FROM: John S. O'Brien, Director, Legislative Budget Board IN RE:HB2267 by Hodge (Relating to the joint or separate prosecution of a capital felony charged against two or more defendants and the extent of a defendant's criminal responsibility for the conduct of a coconspirator in capital felony cases.), As Introduced No significant fiscal implication to the State is anticipated. The bill would amend the Code of Criminal Procedure relating to the joint or separate prosecution of a capital felony charged against two or more defendants and the extent of a defendant's criminal responsibility for the conduct of a coconspirator in capital felony cases. According to the Office of Court Administration, under current law, a court has discretion to jointly try two or more defendants who are charged with the same offense or with any offense growing out of the same transaction in capital felony cases. To the extent the bill would amend court procedures to necessitate two or more capital trials rather than one trial, no significant increase in judicial workloads or fiscal implication to the State is anticipated. Local Government Impact The costs of adjudicating two or more capital trials for two or more defendants rather than only one trial may have a fiscal implication for any particular jurisdiction. Because this estimate assumes such circumstances would be infrequent, no significant implication to units of local government statewide is anticipated. Source Agencies:212 Office of Court Administration, Texas Judicial Council, 696 Department of Criminal Justice LBB Staff: JOB, ESi, TB
LEGISLATIVE BUDGET BOARD
Austin, Texas
FISCAL NOTE, 81ST LEGISLATIVE REGULAR SESSION
March 17, 2009
TO: Honorable Pete Gallego, Chair, House Committee on Criminal Jurisprudence FROM: John S. O'Brien, Director, Legislative Budget Board IN RE:HB2267 by Hodge (Relating to the joint or separate prosecution of a capital felony charged against two or more defendants and the extent of a defendant's criminal responsibility for the conduct of a coconspirator in capital felony cases.), As Introduced
TO: Honorable Pete Gallego, Chair, House Committee on Criminal Jurisprudence
FROM: John S. O'Brien, Director, Legislative Budget Board
IN RE: HB2267 by Hodge (Relating to the joint or separate prosecution of a capital felony charged against two or more defendants and the extent of a defendant's criminal responsibility for the conduct of a coconspirator in capital felony cases.), As Introduced
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
HB2267 by Hodge (Relating to the joint or separate prosecution of a capital felony charged against two or more defendants and the extent of a defendant's criminal responsibility for the conduct of a coconspirator in capital felony cases.), As Introduced
HB2267 by Hodge (Relating to the joint or separate prosecution of a capital felony charged against two or more defendants and the extent of a defendant's criminal responsibility for the conduct of a coconspirator in capital felony cases.), As Introduced
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 relating to the joint or separate prosecution of a capital felony charged against two or more defendants and the extent of a defendant's criminal responsibility for the conduct of a coconspirator in capital felony cases. According to the Office of Court Administration, under current law, a court has discretion to jointly try two or more defendants who are charged with the same offense or with any offense growing out of the same transaction in capital felony cases. To the extent the bill would amend court procedures to necessitate two or more capital trials rather than one trial, no significant increase in judicial workloads or fiscal implication to the State is anticipated.
Local Government Impact
The costs of adjudicating two or more capital trials for two or more defendants rather than only one trial may have a fiscal implication for any particular jurisdiction. Because this estimate assumes such circumstances would be infrequent, no significant implication to units of local government statewide is anticipated.
The costs of adjudicating two or more capital trials for two or more defendants rather than only one trial may have a fiscal implication for any particular jurisdiction. Because this estimate assumes such circumstances would be infrequent, no significant implication to units of local government statewide 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, ESi, TB
JOB, ESi, TB