Honorable Pete Gallego, Chair, House Committee on Criminal Jurisprudence
FROM:
John S O'Brien, Director, Legislative Budget Board
IN RE:
HB855 by Dutton (Relating to the extent of a defendant's criminal responsibility for the conduct of a coconspirator in certain felony cases.), As Introduced
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 though the criminal responsibility for conduct of another.
In fiscal year 2010, less than 10 offenders were admitted to the Texas Department of Criminal Justice with death penalty sentences. It is unknown how many were found guilty 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.