TO:	Honorable Nicole Collier, Chair, House Committee on Criminal Jurisprudence
FROM:	Jerry McGinty, Director, Legislative Budget Board
IN RE:	HB688 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. The bill would amend the Penal Code as it relates to a person's criminal responsibility for the conduct of a co-conspirator in a capital murder case. Under the provisions of the bill, a person would not be prosecuted for the offense of capital murder when the person was not the principal actor as outlined in the bill. Under current statute, capital murder is punishable as a capital felony.   

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.

Decreasing the circumstances under which a criminal penalty is applied is expected to result in fewer demands upon the correctional resources of the State due to a decrease in the number of individuals sentenced to a term of confinement within state correctional institutions. From fiscal years 2018 through 2020, an average of 337 people were arrested and 72 people were admitted into a state correctional institution for capital murder under existing statute. This analysis assumes 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.