LEGISLATIVE BUDGET BOARD
                              Austin, Texas
                                     
                    FISCAL NOTE, 76th Regular Session
  
                               May 20, 1999
  
  
          TO:  Honorable Juan Hinojosa, Chair, House Committee on
               Criminal Jurisprudence
  
        FROM:  John Keel, Director, Legislative Budget Board
  
       IN RE:  SB326  by Ellis, Rodney (Relating to the applicability of
               the death penalty to a capital offense committed by a
               person with mental retardation.), As Engrossed
  
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*  No significant fiscal implication to the State is anticipated.        *
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The bill would amend the Code of Criminal Procedure by prohibiting the
sentence of death to an individual who at the time of commission of a
capital offense was with mental retardation.

Under current law and policy, the average time served in prison by
persons likely to be affected by the provisions of this bill is greater
than five years.  Therefore, no significant impact on demands on the
adult corrections agencies is anticipated during the first five years
following passage.
  
Local Government Impact
  
No significant fiscal implication to units of local government is
anticipated.
  
  
Source Agencies:   
LBB Staff:         JK, MD, GG