Honorable Nicole Collier, Chair, House Committee on Criminal Jurisprudence
FROM:
Jerry McGinty, Director, Legislative Budget Board
IN RE:
HB1340 by Leach (Relating to the extent of a defendant's criminal responsibility for the conduct of a coconspirator in certain capital felony cases.), As Introduced
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 a person's criminal responsibility for the conduct of a co-conspirator in certain capital felony cases. Under the provisions of the bill, a person found guilty in a capital felony case when the person was not the principal actor 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 co-conspirators found guilty in a capital felony case who would not be sentenced to death under the provisions of the bill is indeterminate because data are not available to differentiate those cases 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.