TO: | Honorable Pete Gallego, Chair, House Committee on Criminal Jurisprudence |
FROM: | John S. O'Brien, Director, Legislative Budget Board |
IN RE: | HB3580 by Gallego (Relating to the establishment of the capital writs committee and the office of capital writs.), As Introduced |
Fiscal Year | Probable Net Positive/(Negative) Impact to General Revenue Related Funds |
---|---|
2010 | $0 |
2011 | ($319,520) |
2012 | ($532,634) |
2013 | ($532,536) |
2014 | ($537,810) |
Fiscal Year | Probable Savings/(Cost) from General Revenue Fund 1 |
Probable Savings from General Revenue Fund 1 |
Change in Number of State Employees from FY 2009 |
---|---|---|---|
2010 | $0 | $0 | 0.0 |
2011 | ($819,520) | $500,000 | 9.5 |
2012 | ($1,032,634) | $500,000 | 9.5 |
2013 | ($1,032,536) | $500,000 | 9.5 |
2014 | ($1,037,810) | $500,000 | 9.5 |
The bill would amend the Government Code to add Chapter 78 and amend the Code of Criminal Procedure to establish the Office of Capital Writs and the Capital Writs Committee. The Capital Writs Committee would be composed of five members to be selected by the President of the State Bar of Texas and ratified by the executive committee of the State bar of Texas. The committee would interview applicants for the position of director of the Office of Capital Writs and make hiring recommendations to the Court of Criminal Appeals. The bill would require the Court of Criminal Appeals to appoint the director of the Office of Capital Writs no later than September 1, 2010.
The Office of Capital Writs would be appointed to represent indigent defendants in appeals of death penalty convictions. If it is necessary that another attorney other than an attorney employed by the Office of Capital Writs be appointed, that attorney would be provided state compensation not to exceed $25,000 per case, as provided by Articles 11.071 and 26.05 of the Code of Criminal Procedure. The presiding judges of the administrative judicial regions would maintain a statewide list of competent counsel for appointment if it is necessary to appoint an attorney other than an employee of the Office of Capital Writs.
The state provides an appropriation for death penalty representation in the amount of $500,000 per year from General Revenue through the Judiciary Section, Comptroller’s Department. This estimate assumes that beginning in fiscal year 2011, the new Office of Capital Writs would supersede the need for continuing this appropriation and thus this amount is shown as a cost savings.
Beginning in fiscal year 2011, estimated expenses for a Capital Writs Office are based on a forecasted caseload of 13 capital writs per fiscal year. This estimate assumes 9.5 full-time equivalent positions would be needed to staff a capital writs office capable of handling 12 cases per year, with private appointed counsel providing representation for 1 of the 13 cases. Staffing includes the following positions: 4.0 attorneys, 2.0 investigators, 1.0 legal assistant, 1.0 mitigation specialist, 1.0 network specialist, and one part-time accountant (0.5 FTE) for a total of 9.5 FTEs. Salaries from the positions would cost $429,141 in fiscal year 2011 and $607,188 in fiscal year 2012 and each year thereafter, with related fringe benefits costing $122,606 in fiscal year 2011 and $173,474 in fiscal year 2012 and each year thereafter.
Source Agencies: | 212 Office of Court Administration, Texas Judicial Council, 304 Comptroller of Public Accounts
|
LBB Staff: | JOB, ESi, ZS, JP
|