The provisions of the bill addressing felony sanctions are the subject of this analysis. The bill would amend the Code of Criminal Procedure as it relates to prohibiting the death penalty for a defendant whose conviction is based solely on certain evidence. Under the provisions of the bill, a person found guilty in a capital felony case where the finding of guilt was based solely on the testimony of a single eyewitness without corroborating evidence as outlined in the bill would not be sentenced to death.   

A capital felony is punishable by death, life in prison, or life in prison 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.

From fiscal years 2018 through 2020, on average fewer than ten people were admitted into a state correctional institution and sentenced to death for a capital felony case under existing statute. The number of defendants who would not be sentenced to death is indeterminate because data is not available to differentiate those cases where the finding of guilt involved a single eyewitness as outlined in the bill from all other capital felony cases. This analysis assumes implementing the provisions of the bill addressing felony sanctions would not result in a significant impact on state correctional populations or on the demand for state correctional resources.