Honorable John Whitmire, Chair, Senate Committee on Criminal Justice
FROM:
John S. O'Brien, Director, Legislative Budget Board
IN RE:
SB1139 by Hinojosa (Relating to the applicability of the death penalty to a capital offense committed by a person with mental retardation.), As Introduced
The bill would amend the Code of Criminal Procedure and the Penal Code as they relate to the applicability of the death penalty to a capital offense committed by a person with mental retardation.
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. In addition, the provisions of the bill are not likely to apply to a significant number of persons. Therefore, no significant impact on demands on the adult corrections agencies is anticipated during the first five years following passage.