LEGISLATIVE BUDGET BOARD
Austin, Texas
 
CRIMINAL JUSTICE IMPACT STATEMENT
 
81ST LEGISLATIVE REGULAR SESSION
 
March 4, 2009

TO:
Honorable Pete Gallego, Chair, House Committee on Criminal Jurisprudence
 
FROM:
John S. O'Brien, Director, Legislative Budget Board
 
IN RE:
HB304 by Dutton (Relating to the extent of a defendant's criminal responsibility for the conduct of a co-conspirator in certain felony cases.), As Introduced

The bill would amend the Code of Criminal Procedure to prohibit a sentence of death for a defendant found guilty of a capital felony if found guilty though the criminal responsibility for conduct of another.
 
In fiscal year 2008, 10 offenders were admitted to the Texas Department of Criminal Justice with death penalty sentences.  It is unknown how many were found through the criminal responsibility for conduct of another.  Under current law and policy, and under the proposed bill, 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 additional impact on demands on the adult corrections agencies are anticipated during the first five years following passage of the bill.


Source Agencies:
LBB Staff:
JOB, TMP