LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 77th Regular Session March 8, 2001 TO: Honorable Juan Hinojosa, Chair, House Committee on Criminal Jurisprudence FROM: John Keel, Director, Legislative Budget Board IN RE: HB236 by Hinojosa (relating to the applicability of the death penalty to a capital offense committed by a person with mental retardation.), Committee Report 1st House, Substituted ************************************************************************** * No significant fiscal implication to the State is anticipated. * ************************************************************************** The bill would amend the Code of Criminal Procedure by establishing a specific mental retardation issue as a mitigating circumstance that would bar the use of the punishment of death for persons convicted of capital offenses who are 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, JC, GG