| TO: | Honorable Terry Keel, Chair, House Committee on Criminal Jurisprudence |
| FROM: | John Keel, Director, Legislative Budget Board |
| IN RE: | HB1011 by Hochberg (Relating to postconviction DNA testing.), As Introduced |
The bill would amend the provision of the Code of Criminal Procedure that allows a convicted person to submit to the convicting court a motion for forensic DNA testing of evidence. Currently, indigent persons are entitled to the appointment of counsel to assist with the motion and attendant proceedings. This bill would continue to permit the appointment of counsel but only if the court finds reasonable grounds for a motion to be filed. The result is likely to be fewer appointments of counsel to assist with the motion and attendant proceedings, thus reducing the cost of legal counsel in capital offense cases. There may also be a slight positive impact if fewer DNA tests are ordered.
The bill could have a positive fiscal impact on local government by reducing instances for which legal counsel would be required.
| Source Agencies: | 211 Court Of Criminal Appeals, 212 Office Of Court Administration, Texas Judicial Council, 405 Department Of Public Safety, 696 Department Of Criminal Justice
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| LBB Staff: | JK, WK, GG
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