Honorable John Whitmire, Chair, Senate Committee on Criminal Justice
FROM:
John S O'Brien, Director, Legislative Budget Board
IN RE:
SB1684 by Ellis (Relating to procedures applicable to an applicant entitled to habeas corpus under certain circumstances.), As Introduced
No significant fiscal implication to the State is anticipated.
The bill would amend the Code of Criminal Procedure by instructing the trial court how to proceed if the court were to find an applicant for a writ of habeas corpus was entitled to relief on the basis of "actual innocence" or if based on findings of fact and conclusions of law stipulated to by applicant and prosecutor. The bill would provide procedures to allow the state to appeal the relief, staying the trial court's judgment and retaining the jurisdiction over the writ with the court of criminal appeals. To the extent the bill would result in certain proceedings being simplified in the trial courts, any positive impact on judicial workloads or fiscal implication to the state is not anticipated to be signification. The bill would take effect September 1, 2011.
Local Government Impact
No significant fiscal implication to units of local government is anticipated.
Source Agencies:
212 Office of Court Administration, Texas Judicial Council