LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 87TH LEGISLATIVE REGULAR SESSION April 18, 2021 TO: Honorable Nicole Collier, Chair, House Committee on Criminal Jurisprudence FROM: Jerry McGinty, Director, Legislative Budget Board IN RE: HB140 by Rose (Relating to the applicability of the death penalty to a capital offense committed by a person with severe mental illness.), As Introduced No significant fiscal implication to the State is anticipated. The bill would amend the Code of Criminal Procedure to prohibit imposition of the death penalty on a defendant who, at the time of the commission of the capital offense, had a severe mental illness. The bill would establish procedures for a defendant to have the opportunity to prove that he or she had a severe mental illness at the time of the offense and would require the jury to make the determination of severe mental illness at trial. Based on the analysis of the Office of Court Administration and the Texas Department of Criminal Justice, duties and responsibilities associated with implementing the provisions of the bill could be accomplished by utilizing existing resources.This analysis assumes the provisions of the bill addressing felony sanctions for criminal offenses would not result in a significant impact on state correctional agencies. Local Government ImpactNo significant fiscal implication to units of local government is anticipated. Source Agencies: b > td > 212 Office of Court Admin, 696 Department of Criminal Justice LBB Staff: b > td > JMc, DKN, BH, WP, LBO, MW, DA, PBO, GDZ
LEGISLATIVE BUDGET BOARD
Austin, Texas
FISCAL NOTE, 87TH LEGISLATIVE REGULAR SESSION
April 18, 2021
TO: Honorable Nicole Collier, Chair, House Committee on Criminal Jurisprudence FROM: Jerry McGinty, Director, Legislative Budget Board IN RE: HB140 by Rose (Relating to the applicability of the death penalty to a capital offense committed by a person with severe mental illness.), As Introduced
TO: Honorable Nicole Collier, Chair, House Committee on Criminal Jurisprudence
FROM: Jerry McGinty, Director, Legislative Budget Board
IN RE: HB140 by Rose (Relating to the applicability of the death penalty to a capital offense committed by a person with severe mental illness.), As Introduced
Honorable Nicole Collier, Chair, House Committee on Criminal Jurisprudence
Honorable Nicole Collier, Chair, House Committee on Criminal Jurisprudence
Jerry McGinty, Director, Legislative Budget Board
Jerry McGinty, Director, Legislative Budget Board
HB140 by Rose (Relating to the applicability of the death penalty to a capital offense committed by a person with severe mental illness.), As Introduced
HB140 by Rose (Relating to the applicability of the death penalty to a capital offense committed by a person with severe mental illness.), 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 prohibit imposition of the death penalty on a defendant who, at the time of the commission of the capital offense, had a severe mental illness. The bill would establish procedures for a defendant to have the opportunity to prove that he or she had a severe mental illness at the time of the offense and would require the jury to make the determination of severe mental illness at trial. Based on the analysis of the Office of Court Administration and the Texas Department of Criminal Justice, duties and responsibilities associated with implementing the provisions of the bill could be accomplished by utilizing existing resources.This analysis assumes the provisions of the bill addressing felony sanctions for criminal offenses would not result in a significant impact on state correctional agencies.
This analysis assumes the provisions of the bill addressing felony sanctions for criminal offenses would not result in a significant impact on state correctional agencies.
Local Government Impact
No significant fiscal implication to units of local government is anticipated.
Source Agencies: b > td > 212 Office of Court Admin, 696 Department of Criminal Justice
212 Office of Court Admin, 696 Department of Criminal Justice
LBB Staff: b > td > JMc, DKN, BH, WP, LBO, MW, DA, PBO, GDZ
JMc, DKN, BH, WP, LBO, MW, DA, PBO, GDZ