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 of a capital felony charged against two or more defendants and the extent of a defendant's criminal responsibility for the conduct of a coconspirator in capital felony cases.), As Engrossed
The bill would amend the Code of Criminal Procedure to require defendants in a criminal trial to be tried separately if any defendant to be tried is indicted or complained against for a capital felony. 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 through 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.