LEGISLATIVE BUDGET BOARD
Austin, Texas
FISCAL NOTE
74th Regular Session
April 13, 1995
TO: Honorable Allen Place, Chair IN RE: Senate BillNo. 440,
Committee on Criminal Jurisprudence as engrossed
House of Representatives By: Montford
Austin, Texas
FROM: John Keel, Director
In response to your request for a Fiscal Note on Senate Bill No.
440 (Relating to procedures for applying for a writ of habeas
corpus by persons convicted of a felony and procedures for the
compensation and appointment of counsel to represent certain
persons charged with a capital felony.) this office has
determined the following:
The bill would make no appropriation but could provide the legal
basis for an appropriation of funds to implement the provisions
of the bill.
The bill provides for state habeas corpus review to proceed
simultaneously with the direct appeal, limits an inmate who
receives the death penalty to one state habeas application, and
provides for the appointment of counsel in state habeas review.
Costs to the state will be incurred due to the hiring of counsel
in the state habeas review, however, a corresponding savings will
occur due to the reduction in the amount of time inmates spend on
death row. Estimates below do not include costs incurred by
counsel for the payment of expert witnesses.
The probable fiscal implication of implementing the provisions of
the bill during each of the first five years following passage
is estimated as follows:
Fiscal Probable
Year Cost/(Savings)
from General
Revenue Fund 001
1996 $1,204,750
1997 (1,875,250)
1998 (2,645,250)
1999 (2,205,250)
2000 (1,765,250)
Similar annual fiscal implications would continue as long as the
provisions of the bill are in effect.
The fiscal implication to units of local government cannot be
determined.
Source: Office of the Attorney General, Court of Criminal
Appeals
LBB Staff: JK, BR, RR