Honorable John Whitmire, Chair, Senate Committee on Criminal Justice
FROM:
John S. O'Brien, Director, Legislative Budget Board
IN RE:
SB839 by Hinojosa (Relating to the punishment for a capital felony committed by a juvenile whose case is transferred to criminal court.), As Introduced
The bill would amend the Penal Code by adding life without parole as a sentencing option for offenders convicted of capital murder if the case was transferred to the court under Section 54.02, Family Code. Section 54.02, Family Code allows a juvenile court to waive its exclusive original jurisdiction and transfer the case to district court or criminal district court if appropriate. The bill would also require that prospective jurors be informed that life imprisonment is mandatory on the conviction of a capital felony for those cases transferred under Section 54.02, Family Code. The bill would also amend the Government Code allowing those individuals whose case was transferred under Section 54.02, Family Code to be eligible for parole release when time served equals 40 calendar years and modify the parole eligibility for those who were found guilty as a party to the offense under Sections 7.01 or 7.02, Penal Code.
A capital felony is punishable by death or life imprisonment in the institutional division of the Texas Department of Criminal Justice.
Under current law and policy, 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 significant impact on demands on the adult corrections agencies is anticipated during the first five years following passage.
This analysis assumes the bill would take effect September 1, 2009.