LEGISLATIVE BUDGET BOARD
Austin, Texas
 
CRIMINAL JUSTICE IMPACT STATEMENT
 
86TH LEGISLATIVE REGULAR SESSION
 
April 13, 2019

TO:
Honorable Nicole Collier, Chair, House Committee on Criminal Jurisprudence
 
FROM:
John McGeady, Assistant Director     Sarah Keyton, Assistant Director
Legislative Budget Board
 
IN RE:
HB472 by Dutton (Relating to the extent of a defendant's criminal responsibility for the conduct of a coconspirator in a capital murder case.), As Introduced

The provisions of the bill addressing felony sanctions are the subject of this analysis. Under the provisions of the bill, certain behaviors under which a person may currently be prosecuted as a co-conspirator, specifically for the offense of capital murder, when the person is not the principal actor, would be removed from statute.

A capital felony is punishable by death, life in prison, or life without parole.  Life in prison or life in prison without parole are the only punishment options available for individuals who commit a capital felony when younger than 18.

Removing criteria for which a capital felony can be applied is expected to result in fewer demands upon the correctional resources of the State due to fewer persons sentenced to a term of incarceration within state correctional institutions.  The bill may have a positive population impact by reducing the number of people incarcerated within state correctional institutions.  In fiscal year 2018, 332 people were arrested and 80 were admitted into state correctional institutions for the offense of capital murder.  This analysis assumes the provisions of the bill addressing felony sanctions would not result in a significant impact on state correctional populations or the demand for state correctional resources. 



Source Agencies:
LBB Staff:
WP, LM, DGi