LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 87TH LEGISLATIVE REGULAR SESSION March 15, 2021 TO: Honorable Nicole Collier, Chair, House Committee on Criminal Jurisprudence FROM: Jerry McGinty, Director, Legislative Budget Board IN RE: HB73 by Hinojosa (Relating to a limitation on the use of a victim's gender identity or sexual orientation as the basis for a defense in the trial of a criminal offense.), As Introduced The fiscal implications to the State cannot be determined at this time due to a lack of statewide data regarding cases in which a defendant's beliefs about the victim's gender identity or orientation was a factor in the conviction. The bill would amend the Penal Code to limit the use of a victim's gender or sexual orientation as the basis for a defense in a criminal trial. The bill would prohibit a defendant from raising as an issue that the defendant demonstrated a lower degree of culpability than that charged if the defendant's claim of the lower degree of culpability is based on the discovery of the victim's gender identity or sexual orientation or nonviolent romantic or sexual advance made by the victim toward the actor. The bill would provide that when determining whether a defendant committed an offense under the immediate influence of sudden passion arising from an adequate cause, it is not an adequate cause that the offense resulted from the defendant's discovery of the victim's general identity or sexual orientation or nonviolent romantic or sexual advance made by the victim toward the defendant.Due to a lack of statewide data regarding cases in which a defendant's belief about the victim's gender identity or orientation contributed to a defendants conviction, the total impact to the number of convictions under the provisions of the bill are unknown; therefore, the fiscal implications of the bill cannot be determined. Additional information is available in the criminal justice impact statement.Based on the analysis of the Office of Court Administration, duties and responsibilities associatedwith implementing the provisions of the bill could be accomplished using existing resources. In addition, no significant impact to the state court system is anticipated due to implementing the provisions of the bill. Local Government ImpactNo significant fiscal implication to units of local government is anticipated. Source Agencies: b > td > 212 Office of Court Admin LBB Staff: b > td > JMc, DKn, MW, BH
LEGISLATIVE BUDGET BOARD
Austin, Texas
FISCAL NOTE, 87TH LEGISLATIVE REGULAR SESSION
March 15, 2021
TO: Honorable Nicole Collier, Chair, House Committee on Criminal Jurisprudence FROM: Jerry McGinty, Director, Legislative Budget Board IN RE: HB73 by Hinojosa (Relating to a limitation on the use of a victim's gender identity or sexual orientation as the basis for a defense in the trial of a criminal offense.), As Introduced
TO: Honorable Nicole Collier, Chair, House Committee on Criminal Jurisprudence
FROM: Jerry McGinty, Director, Legislative Budget Board
IN RE: HB73 by Hinojosa (Relating to a limitation on the use of a victim's gender identity or sexual orientation as the basis for a defense in the trial of a criminal offense.), 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
HB73 by Hinojosa (Relating to a limitation on the use of a victim's gender identity or sexual orientation as the basis for a defense in the trial of a criminal offense.), As Introduced
HB73 by Hinojosa (Relating to a limitation on the use of a victim's gender identity or sexual orientation as the basis for a defense in the trial of a criminal offense.), As Introduced
The fiscal implications to the State cannot be determined at this time due to a lack of statewide data regarding cases in which a defendant's beliefs about the victim's gender identity or orientation was a factor in the conviction.
The fiscal implications to the State cannot be determined at this time due to a lack of statewide data regarding cases in which a defendant's beliefs about the victim's gender identity or orientation was a factor in the conviction.
The bill would amend the Penal Code to limit the use of a victim's gender or sexual orientation as the basis for a defense in a criminal trial. The bill would prohibit a defendant from raising as an issue that the defendant demonstrated a lower degree of culpability than that charged if the defendant's claim of the lower degree of culpability is based on the discovery of the victim's gender identity or sexual orientation or nonviolent romantic or sexual advance made by the victim toward the actor. The bill would provide that when determining whether a defendant committed an offense under the immediate influence of sudden passion arising from an adequate cause, it is not an adequate cause that the offense resulted from the defendant's discovery of the victim's general identity or sexual orientation or nonviolent romantic or sexual advance made by the victim toward the defendant.Due to a lack of statewide data regarding cases in which a defendant's belief about the victim's gender identity or orientation contributed to a defendants conviction, the total impact to the number of convictions under the provisions of the bill are unknown; therefore, the fiscal implications of the bill cannot be determined. Additional information is available in the criminal justice impact statement.Based on the analysis of the Office of Court Administration, duties and responsibilities associatedwith implementing the provisions of the bill could be accomplished using existing resources. In addition, no significant impact to the state court system is anticipated due to implementing the provisions of the bill.
Local Government Impact
No significant fiscal implication to units of local government is anticipated.
Source Agencies: b > td > 212 Office of Court Admin
212 Office of Court Admin
LBB Staff: b > td > JMc, DKn, MW, BH
JMc, DKn, MW, BH