Honorable Joe Moody, Chair, House Committee on Criminal Jurisprudence
FROM:
Jerry McGinty, Director, Legislative Budget Board
IN RE:
HB381 by Thompson, Senfronia (Relating to the applicability of the death penalty to a capital offense committed by a person with an intellectual disability.), As Introduced
The bill would prohibit an individual with an intellectual disability from being sentenced to death for a capital offense.
In fiscal year 2022, there were two individuals admitted to a state correctional institution who had been sentenced to death for a capital offense. The number of individuals who would not be sentenced to death is indeterminate because data is not available to differentiate those cases involving a defendant with an intellectual disability from all other capital felony cases. It is assumed that any impact on state correctional populations or on the demand for state correctional resources would not be significant.