LEGISLATIVE BUDGET BOARD
                          Austin, Texas

                           FISCAL NOTE
                       74th Regular Session

                          April 5, 1995



 TO:     Honorable John Whitmire, Chair         IN RE: Committee Substitute
         Committee on Criminal Justice          for
         Senate                                                Senate Bill
         Austin, Texas                          No. 440










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)  
                      to  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, DC, GG, RR