FISCAL NOTE, 85TH LEGISLATURE 1st CALLED SESSION - 2017
August 1, 2017
TO:
Honorable Joe Moody, Chair, House Committee on Criminal Jurisprudence
FROM:
Ursula Parks, Director, Legislative Budget Board
IN RE:
HB136 by Rose (Relating to the applicability of the death penalty to a capital offense committed by a person with severe mental illness.), As Introduced
No significant fiscal implication to the State is anticipated.
The bill would amend the Code of Criminal Procedure to prohibit imposition of the death penalty on a defendant who, at the time of the commission of the capital offense, had a severe mental illness. The bill establishes a definition for severe mental illness and creates procedures for a pre-trial hearing at which the defendant would have the opportunity to prove that he or she had a severe mental illness at the time of the offense with determination to be made by a jury or judge. The bill would outline sentencing alternatives for cases in which severe mental illness is found. Based on the analysis of the Office of Court Administration and the Texas Department of Criminal Justice, duties and responsibilities associated with implementing the provisions of the bill could be accomplished by utilizing existing resources.
Local Government Impact
No significant fiscal implication to units of local government is anticipated.
Source Agencies:
212 Office of Court Administration, Texas Judicial Council, 696 Department of Criminal Justice