LEGISLATIVE BUDGET BOARD
Austin, Texas
 
CRIMINAL JUSTICE IMPACT STATEMENT
 
83rd LEGISLATURE 2nd CALLED SESSION - 2013
 
July 11, 2013

TO:
Honorable Abel Herrero, Chair, House Committee on Criminal Jurisprudence
 
FROM:
Ursula Parks, Director, Legislative Budget Board
 
IN RE:
SB2 by Huffman (Relating to the punishment for a capital felony committed by an individual younger than 18 years of age.), As Engrossed

The bill would amend the Penal Code as it relates to the punishment for a capital felony committed by an individual younger than 18 years of age.  Under the provisions of the bill, any individual convicted of a capital felony who was 17 years old or less at the time of the offense shall be punished by life in prison with the possibility of parole. Individuals convicted of capital offenses who are sentenced to life in prison with the possibility of parole must serve at least 40 calendar years.

The bill takes effect immediately if it receives a vote of two-thirds of all the members elected to each house.  If the bill does not receive the vote necessary for immediate effect, the bill takes effect on the 91st day after the last day of the legislative session.  The bill applies to criminal action pending, on appeal, or commenced on or after the effective date of the bill, regardless of whether the criminal action is based on an offense committed before, on, or after that date.

It is assumed that the number of offenders incarcerated under this statute would not significantly impact state correctional agency resources.  As of August 31, 2012, there were 26 individuals in prison for a capital offense who were serving a sentence of life without the possibility of parole and who were 17 years old or less at the time of the offense.  Based on those offenders currently incarcerated and subject to the provisions of the bill, the full impact of the bill's provisions will first be realized in fiscal year 2046 and continue through subsequent fiscal years. 



Source Agencies:
LBB Staff:
UP, JPo