LEGISLATIVE BUDGET BOARD
Austin, Texas
 
CRIMINAL JUSTICE IMPACT STATEMENT
 
81ST LEGISLATIVE REGULAR SESSION
 
May 15, 2009

TO:
Honorable John Whitmire, Chair, Senate Committee on Criminal Justice
 
FROM:
John S. O'Brien, Director, Legislative Budget Board
 
IN RE:
HB825 by Hochberg (Relating to prohibiting deferred adjudication community supervision for certain defendants convicted of murder.), As Engrossed

The bill would amend the Code of Criminal Procedure by making certain defendants charged with the offense of murder (Section 19.02, Penal Code) ineligible for deferred adjudication community supervision.  The offense of murder is punishable as a felony of the first degree or a felony of the second degree if at the punishment stage of the trial certain conditions are proven. 

A felony of the first degree is punishable by imprisonment in the institutional division for any term of not more than 99 years or less than 5 years, or, in addition to confinement, a fine not to exceed $10,000.

A felony of the second degree is punishable by imprisonment in the institutional division for any term of not more than 20 years or less than 2 years, or, in addition to confinement, a fine not to exceed $10,000.

The bill would take effect September 1, 2009 and apply only to an offense committed on or after the effective date.  According to data provided by the Criminal Justice Assistance Division of the Texas Department of Criminal Justice, 8 persons in fiscal year 2008 were placed on deferred adjudication community supervision for the offense of murder.  Due to the small number of defendants potentially affected by the bill, it is assumed that the bill would not significantly affect the operations of state or local government.



Source Agencies:
LBB Staff:
JOB, GG, LM