Honorable Abel Herrero, Chair, House Committee on Criminal Jurisprudence
FROM:
Ursula Parks, Director, Legislative Budget Board
IN RE:
HB1845 by Gooden (Relating to capital murder of a district attorney, criminal district attorney, or county attorney performing the duties of a district attorney.), As Introduced
The bill would amend the Penal Code as it relates to the capital murder of a district attorney, criminal district attorney, or county attorney performing the duties of a district attorney. Under the provisions of the bill, the punishment of capital murder would be expanded to cover a person who murders another person in retaliation for performing the duties of a district attorney. Under current law, this offense is punished as a first- or second-degree felony.
A felony of the first degree is punishable by confinement in prison for life or a term from 5 to 99 years and, in addition to confinement, an optional fine not to exceed $10,000. A felony of the second degree is punishable by confinement in prison for a term from 2 to 20 years and, in addition to confinement, an optional fine not to exceed $10,000. A capital felony is punishable by death or life imprisonment.
The bill increases the penalty for certain offenses of murder. This penalty adjustment is expected to increase demands on state correctional resources by increasing the length of confinement in state correctional facilities. Although the number of those whose victim was someone performing the duties of a district attorney is unknown, it is assumed the number of offenders convicted under this statute would not result in a significant impact on the programs and workload of state corrections agencies or on the demand for resources and services of those agencies.