LEGISLATIVE BUDGET BOARD

Austin, Texas

FISCAL NOTE, 89TH LEGISLATIVE REGULAR SESSION

April 7, 2025

TO:	Honorable John T. Smithee, Chair, House Committee on Criminal Jurisprudence
FROM:	Jerry McGinty, Director, Legislative Budget Board
IN RE:	HB2777 by Rose (Relating to the applicability of the death penalty to a capital offense committed by a person with severe mental illness.), As Introduced

No significant fiscal implication to the State is anticipated.

The bill would amend the Code of Criminal Procedure to state that individuals with severe mental illness may not be sentenced to death. The bill would create a procedure by which a court would determine whether a defendant was a person with severe mental illness at the time of commission of a capital offense. 

According to the Office of Court Administration (OCA) and the Office of Capital and Forensic Writs (OCFW), there could be fewer capital murder cases where the death penalty is an option which would result in reduced costs to the state due to a decrease in appellate costs. 

OCA does not anticipate a significant fiscal impact to the state court system. 

Local Government Impact

To the extent that there are fewer capital murder cases where the death penalty is an option, OCA and OCFW indicate a potential reduction in costs to the local court system due to decreased costs related to the prosecution and defense of the case. 

OCA does not anticipate a significant fiscal impact on the local court system. 

Source Agencies:

212 Office of Court Administration, Texas Judicial Council, 215 Office of Capital and Forensic Writs, 696 Department of Criminal Justice, 697 Board of Pardons and Paroles

LBB Staff:

JMc, MGol, DA, NTh