LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 85TH LEGISLATIVE REGULAR SESSION April 17, 2017 TO: Honorable Joe Moody, Chair, House Committee on Criminal Jurisprudence FROM: Ursula Parks, Director, Legislative Budget Board IN RE:HB607 by Minjarez (Relating to a court's continuing jurisdiction to handle the disposition of a felony case.), As Introduced The fiscal implications of the bill cannot be determined due to the unavailability of data regarding the number of potential motions filed, number of motions denied, and the number of days a sentence would be decreased under the provisions of the bill. The bill would amend the Code of Criminal Procedure relating to a court's continuing jurisdiction to handle the disposition of a felony case. Under the provisions of the bill, judges would have expanded options to alter felony sentences and place defendants under community supervision on the motion of the defendant, the state's attorney, or on the judge's own motion. If a judge declined to grant such a motion, the judge would also be permitted to reduce the defendant's original term of imprisonment. Providing additional options to allow for a sentence of imprisonment to be suspended so an individual can be placed under community supervision and allowing for additional options to reduce a term of imprisonment is expected to result in decreased demands upon State correctional resources due to fewer individuals confined and individuals confined for fewer days within state correctional institutions. The bill may have a positive impact by decreasing the number of individuals confined and the number of days confined within state correctional institutions. Whether the bill would result in a significant fiscal impact is indeterminate due to the lack of statewide data related to the number of potential motions filed, number of motions denied, and the number of days a sentence would be decreased. The bill would take effect September 1, 2017 and apply only to an individual charged with or convicted of an offense on or after the effective date of the Act. 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: UP, KJo, LM, JPo, ZB, PBO, BM, MW
LEGISLATIVE BUDGET BOARD
Austin, Texas
FISCAL NOTE, 85TH LEGISLATIVE REGULAR SESSION
April 17, 2017
TO: Honorable Joe Moody, Chair, House Committee on Criminal Jurisprudence FROM: Ursula Parks, Director, Legislative Budget Board IN RE:HB607 by Minjarez (Relating to a court's continuing jurisdiction to handle the disposition of a felony case.), As Introduced
TO: Honorable Joe Moody, Chair, House Committee on Criminal Jurisprudence
FROM: Ursula Parks, Director, Legislative Budget Board
IN RE: HB607 by Minjarez (Relating to a court's continuing jurisdiction to handle the disposition of a felony case.), As Introduced
Honorable Joe Moody, Chair, House Committee on Criminal Jurisprudence
Honorable Joe Moody, Chair, House Committee on Criminal Jurisprudence
Ursula Parks, Director, Legislative Budget Board
Ursula Parks, Director, Legislative Budget Board
HB607 by Minjarez (Relating to a court's continuing jurisdiction to handle the disposition of a felony case.), As Introduced
HB607 by Minjarez (Relating to a court's continuing jurisdiction to handle the disposition of a felony case.), As Introduced
The fiscal implications of the bill cannot be determined due to the unavailability of data regarding the number of potential motions filed, number of motions denied, and the number of days a sentence would be decreased under the provisions of the bill.
The fiscal implications of the bill cannot be determined due to the unavailability of data regarding the number of potential motions filed, number of motions denied, and the number of days a sentence would be decreased under the provisions of the bill.
The bill would amend the Code of Criminal Procedure relating to a court's continuing jurisdiction to handle the disposition of a felony case. Under the provisions of the bill, judges would have expanded options to alter felony sentences and place defendants under community supervision on the motion of the defendant, the state's attorney, or on the judge's own motion. If a judge declined to grant such a motion, the judge would also be permitted to reduce the defendant's original term of imprisonment. Providing additional options to allow for a sentence of imprisonment to be suspended so an individual can be placed under community supervision and allowing for additional options to reduce a term of imprisonment is expected to result in decreased demands upon State correctional resources due to fewer individuals confined and individuals confined for fewer days within state correctional institutions. The bill may have a positive impact by decreasing the number of individuals confined and the number of days confined within state correctional institutions. Whether the bill would result in a significant fiscal impact is indeterminate due to the lack of statewide data related to the number of potential motions filed, number of motions denied, and the number of days a sentence would be decreased. The bill would take effect September 1, 2017 and apply only to an individual charged with or convicted of an offense on or after the effective date of the Act.
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: UP, KJo, LM, JPo, ZB, PBO, BM, MW
UP, KJo, LM, JPo, ZB, PBO, BM, MW