LEGISLATIVE BUDGET BOARD
                              Austin, Texas
                                     
                    FISCAL NOTE, 77th Regular Session
  
                                May 9, 2001
  
  
          TO:  Honorable Kenneth Armbrister, Chair, Senate Committee on
               Criminal Justice
  
        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 2nd House,
               Substituted
  
**************************************************************************
*  No significant fiscal implication to the State is anticipated.        *
**************************************************************************
  
The bill would amend the Penal Code by prohibiting the punishment of
death for an offense committed while the person 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, JC, GG