LEGISLATIVE BUDGET BOARD
Austin, Texas
 
CRIMINAL JUSTICE IMPACT STATEMENT
 
83RD LEGISLATIVE REGULAR SESSION
 
April 15, 2013

TO:
Honorable Abel Herrero, Chair, House Committee on Criminal Jurisprudence
 
FROM:
Ursula Parks, Director, Legislative Budget Board
 
IN RE:
HB2458 by Thompson, Senfronia (Relating to prohibiting seeking or imposing the death penalty on the basis of a person's race.), As Introduced

The bill amends the Code of Criminal Procedure to permit a defendant accused of a capital offense to seek to prove that race was a significant factor in the decision to seek or impose the death penalty.  If a court finds that race was a significant factor in a decision to seek the death penalty, a court shall order that the death sentence be vacated and the defendant be resentenced to life in prison without the possibility of parole.  The bill's provisions apply to a defendant regardless of whether the alleged offense was committed before, on, or after the effective date of this Act.

 

For this analysis, 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 282 individuals in prison with a sentence of death.



Source Agencies:
LBB Staff:
UP, GG, JPo