LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 82ND LEGISLATIVE REGULAR SESSION April 10, 2011 TO: Honorable Pete Gallego, Chair, House Committee on Criminal Jurisprudence FROM: John S O'Brien, Director, Legislative Budget Board IN RE:HB3323 by McClendon (Relating to the standards for attorneys representing indigent defendants in capital cases.), As Introduced No significant fiscal implication to the State is anticipated. The bill would amend the Code of Criminal Procedure to give the local selection committee the authority, at the request of an attorney, to make a determination regarding an attorneys current ability to provide effective representation following a judicial finding of ineffectiveness. The bill would eliminate automatic disqualification of attorneys who have been previously found ineffective to be appointed as lead counsel in capital cases where the death penalty is sought. To the extent the bill would amend procedures relating to attorney qualifications, no significant fiscal implication to the state is anticipated. 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, JT LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 82ND LEGISLATIVE REGULAR SESSION April 10, 2011 TO: Honorable Pete Gallego, Chair, House Committee on Criminal Jurisprudence FROM: John S O'Brien, Director, Legislative Budget Board IN RE:HB3323 by McClendon (Relating to the standards for attorneys representing indigent defendants in capital cases.), As Introduced TO: Honorable Pete Gallego, Chair, House Committee on Criminal Jurisprudence FROM: John S O'Brien, Director, Legislative Budget Board IN RE: HB3323 by McClendon (Relating to the standards for attorneys representing indigent defendants in capital 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 HB3323 by McClendon (Relating to the standards for attorneys representing indigent defendants in capital cases.), As Introduced HB3323 by McClendon (Relating to the standards for attorneys representing indigent defendants in capital 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 to give the local selection committee the authority, at the request of an attorney, to make a determination regarding an attorneys current ability to provide effective representation following a judicial finding of ineffectiveness. The bill would eliminate automatic disqualification of attorneys who have been previously found ineffective to be appointed as lead counsel in capital cases where the death penalty is sought. To the extent the bill would amend procedures relating to attorney qualifications, no significant fiscal implication to the state is anticipated. 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, JT JOB, ESi, TB, JT