Honorable Pete Flores, Chair, Senate Committee on Criminal Justice
FROM:
Jerry McGinty, Director, Legislative Budget Board
IN RE:
SB1278 by Parker (Relating to an affirmative defense to prosecution for victims of certain offenses.), As Introduced
Amending the list of general defenses to criminal responsibility may result in decreases in demands upon state correctional resources due to a possible decrease in the number of individuals placed under supervision in the community or sentenced to a term of confinement. The fiscal implications of the bill cannot be determined due to the lack of data to estimate the prevalence of offense circumstances in which the affirmative defense would be applicable under the provisions of the bill.
The bill would amend the list of general defenses to criminal responsibility by including the affirmative defense if an actor engaged in the conduct because the actor was coerced, acting under duress, or reasonably feared harm as a result of being a victim of trafficking, compelling prostitution, or certain offenses of family violence.
The impact on state correctional populations or on the demand for state correctional resources cannot be determined due to the lack of data to estimate the prevalence of offense circumstances in which the affirmative defense would be applicable under the provisions of the bill.
Local Government Impact
While the fiscal impact cannot be determined, amending the list of general defenses to criminal responsibility may result in decreased demands upon local correctional resources due to a possible decrease in the number of individuals placed under supervision in the community or sentenced to a term of confinement.
Source Agencies:
212 Office of Court Administration, Texas Judicial Council