LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 82ND LEGISLATIVE REGULAR SESSION May 6, 2011 TO: Honorable Pete Gallego, Chair, House Committee on Criminal Jurisprudence FROM: John S O'Brien, Director, Legislative Budget Board IN RE:HB1646 by Gallego (Relating to representation of certain applicants for writs of habeas corpus in cases involving the death penalty.), Committee Report 1st House, Substituted No significant fiscal implication to the State is anticipated. The bill would amend the Code of Criminal Procedure, Article 11.071, which establishes the procedures for an application for a writ of habeas corpus in a death penalty case. The bill would provide for either the Office of Capital Writs or other competent counsel to be appointed to represent indigent defendants when the convicting court receives notice that the requirements have been met for a subsequent application for a writ of habeas corpus. According to the Office of Capital Writs (OCW), the bill may cost an estimated $150,000 per year for an average of six cases filed per year in cases assigned to outside counsel, where each case costs up to $25,000 under Art. 11.071, Sec. 2A. This analysis assumes that in most cases the OCW would be the counsel that prepared the successive petition and is later appointed counsel, and estimated costs could be absorbed within the OCWs existing resources. Accordingly, to the extent the bill would amend habeas corpus procedures, no significant fiscal implication to the state is anticipated. The bill would take effect September 1, 2011. Local Government Impact The bill could have costs at the local level in cases where the Office of Capital Writs is not appointed, as any costs for other appointed counsel above $25,000 incurred for a death penalty writ would be paid by the county of the convicting court; however costs to a given county would vary depending on the number and cost of such cases in a locality in a given year. Source Agencies:212 Office of Court Administration, Texas Judicial Council, 215 Office of Capital Writs LBB Staff: JOB, TB, ESi, KKR
LEGISLATIVE BUDGET BOARD
Austin, Texas
FISCAL NOTE, 82ND LEGISLATIVE REGULAR SESSION
May 6, 2011
TO: Honorable Pete Gallego, Chair, House Committee on Criminal Jurisprudence FROM: John S O'Brien, Director, Legislative Budget Board IN RE:HB1646 by Gallego (Relating to representation of certain applicants for writs of habeas corpus in cases involving the death penalty.), 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: HB1646 by Gallego (Relating to representation of certain applicants for writs of habeas corpus in cases involving the death penalty.), 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
HB1646 by Gallego (Relating to representation of certain applicants for writs of habeas corpus in cases involving the death penalty.), Committee Report 1st House, Substituted
HB1646 by Gallego (Relating to representation of certain applicants for writs of habeas corpus in cases involving the death penalty.), 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, Article 11.071, which establishes the procedures for an application for a writ of habeas corpus in a death penalty case. The bill would provide for either the Office of Capital Writs or other competent counsel to be appointed to represent indigent defendants when the convicting court receives notice that the requirements have been met for a subsequent application for a writ of habeas corpus. According to the Office of Capital Writs (OCW), the bill may cost an estimated $150,000 per year for an average of six cases filed per year in cases assigned to outside counsel, where each case costs up to $25,000 under Art. 11.071, Sec. 2A. This analysis assumes that in most cases the OCW would be the counsel that prepared the successive petition and is later appointed counsel, and estimated costs could be absorbed within the OCWs existing resources. Accordingly, to the extent the bill would amend habeas corpus procedures, no significant fiscal implication to the state is anticipated. The bill would take effect September 1, 2011.
The bill would amend the Code of Criminal Procedure, Article 11.071, which establishes the procedures for an application for a writ of habeas corpus in a death penalty case. The bill would provide for either the Office of Capital Writs or other competent counsel to be appointed to represent indigent defendants when the convicting court receives notice that the requirements have been met for a subsequent application for a writ of habeas corpus.
According to the Office of Capital Writs (OCW), the bill may cost an estimated $150,000 per year for an average of six cases filed per year in cases assigned to outside counsel, where each case costs up to $25,000 under Art. 11.071, Sec. 2A. This analysis assumes that in most cases the OCW would be the counsel that prepared the successive petition and is later appointed counsel, and estimated costs could be absorbed within the OCWs existing resources.
Accordingly, to the extent the bill would amend habeas corpus procedures, no significant fiscal implication to the state is anticipated. The bill would take effect September 1, 2011.
Local Government Impact
The bill could have costs at the local level in cases where the Office of Capital Writs is not appointed, as any costs for other appointed counsel above $25,000 incurred for a death penalty writ would be paid by the county of the convicting court; however costs to a given county would vary depending on the number and cost of such cases in a locality in a given year.
Source Agencies: 212 Office of Court Administration, Texas Judicial Council, 215 Office of Capital Writs
212 Office of Court Administration, Texas Judicial Council, 215 Office of Capital Writs
LBB Staff: JOB, TB, ESi, KKR
JOB, TB, ESi, KKR