LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 82ND LEGISLATIVE REGULAR SESSION February 21, 2011 TO: Honorable Pete Gallego, Chair, House Committee on Criminal Jurisprudence FROM: John S O'Brien, Director, Legislative Budget Board IN RE:HB220 by Gallego (Relating to procedures for applications for writs of habeas corpus based on relevant scientific evidence.), As Introduced No significant fiscal implication to the State is anticipated. The bill would amend the Code of Criminal Procedure to allow a court to grant relief to a convicted person on an application for a writ of habeas corpus in cases in which relevant scientific evidence that was not available at trial (or at the time of an initial application for a writ of habeas corpus) is discovered, is admissible, and the court finds that had the scientific evidence been presented at trial, it is reasonably probable that the person would not have been convicted. To the extent the bill would amend court procedures and result in an increase in the number of applications for writs of habeas corpus that are filed, the increase in the court workloads statewide is not anticipated to be significant. The bill would take effect September 1, 2011. Local Government Impact No significant fiscal implication to units of local government is anticipated. Source Agencies:212 Office of Court Administration, Texas Judicial Council LBB Staff: JOB, ESi, TB
LEGISLATIVE BUDGET BOARD
Austin, Texas
FISCAL NOTE, 82ND LEGISLATIVE REGULAR SESSION
February 21, 2011
TO: Honorable Pete Gallego, Chair, House Committee on Criminal Jurisprudence FROM: John S O'Brien, Director, Legislative Budget Board IN RE:HB220 by Gallego (Relating to procedures for applications for writs of habeas corpus based on relevant scientific evidence.), As Introduced
TO: Honorable Pete Gallego, Chair, House Committee on Criminal Jurisprudence
FROM: John S O'Brien, Director, Legislative Budget Board
IN RE: HB220 by Gallego (Relating to procedures for applications for writs of habeas corpus based on relevant scientific evidence.), 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
HB220 by Gallego (Relating to procedures for applications for writs of habeas corpus based on relevant scientific evidence.), As Introduced
HB220 by Gallego (Relating to procedures for applications for writs of habeas corpus based on relevant scientific evidence.), 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 to allow a court to grant relief to a convicted person on an application for a writ of habeas corpus in cases in which relevant scientific evidence that was not available at trial (or at the time of an initial application for a writ of habeas corpus) is discovered, is admissible, and the court finds that had the scientific evidence been presented at trial, it is reasonably probable that the person would not have been convicted. To the extent the bill would amend court procedures and result in an increase in the number of applications for writs of habeas corpus that are filed, the increase in the court workloads statewide is not anticipated to be significant. The bill would take effect September 1, 2011.
The bill would amend the Code of Criminal Procedure to allow a court to grant relief to a convicted person on an application for a writ of habeas corpus in cases in which relevant scientific evidence that was not available at trial (or at the time of an initial application for a writ of habeas corpus) is discovered, is admissible, and the court finds that had the scientific evidence been presented at trial, it is reasonably probable that the person would not have been convicted. To the extent the bill would amend court procedures and result in an increase in the number of applications for writs of habeas corpus that are filed, the increase in the court workloads statewide is not anticipated to be significant. The bill would take effect September 1, 2011.
Local Government Impact
No significant fiscal implication to units of local government is anticipated.
Source Agencies: 212 Office of Court Administration, Texas Judicial Council
212 Office of Court Administration, Texas Judicial Council
LBB Staff: JOB, ESi, TB
JOB, ESi, TB