LEGISLATIVE BUDGET BOARD

Austin, Texas

FISCAL NOTE, 81ST LEGISLATIVE REGULAR SESSION

May 22, 2009

TO:	Honorable John Whitmire, Chair, Senate Committee on Criminal Justice
FROM:	John S. O'Brien, Director, Legislative Budget Board
IN RE:	HB2267 by Hodge (Relating to the joint or separate prosecution in capital felony cases. ), Committee Report 2nd House, Substituted

No significant fiscal implication to the State is anticipated.

The bill would amend the Code of Criminal Procedure relating to joint or separate prosecution in capital felony cases.  According to the Office of Court Administration, under current law, a court has discretion to jointly try two or more defendants who are charged with the same offense or with any offense growing out of the same transaction in capital felony cases.  To the extent the bill would amend court procedures to necessitate two or more capital trials in death penalty cases rather than one trial, no significant increase in judicial workloads or fiscal implication to the State is anticipated. 

Local Government Impact

The costs of adjudicating two or more capital trials for two or more defendants rather than only one trial may have a fiscal implication for any particular jurisdiction.  Because this estimate assumes such circumstances would be infrequent, no significant implication to units of local government statewide is anticipated.

Source Agencies:

212 Office of Court Administration, Texas Judicial Council, 696 Department of Criminal Justice

LBB Staff:

JOB, TB, ESi