LEGISLATIVE FISCAL OFFICE
Fiscal Note
Fiscal Note On: HB 158 HLS 21RS 470
Bill Text Version: ENGROSSED
Opp. Chamb. Action:
Proposed Amd.:
Sub. Bill For.:
Date: May 21, 2021 2:07 PM Author: JONES
Dept./Agy.: Corrections
Subject: Elements and sentencing of second degree murder Analyst: Rebecca Robinson
CRIME EG SEE FISC NOTE GF EX See Note Page 1 of 1
Provides relative to second degree murder
Present law provides for a sentence of life imprisonment for the crime of 2nd degree murder. Proposed law provides that for
persons convicted of 2nd degree murder with specific intent to kill shall have a minimum sentence of life imprisonment, with
the first 25 years without benefit of parole, probation, or suspension of sentence, and a maximum sentence of life
imprisonment without benefit of parole, probation, or suspension of sentence. Proposed law further provides that persons
convicted of 2nd degree murder without specific intent to kill be sentenced to life imprisonment with the first 25 years
without benefit or parole, probation or suspension of sentence. Proposed law expands the definition of manslaughter.
Proposed law requires the Department of Public Safety & Corrections, Corrections Services, to compile and make publicly
available a list of all people (and enumerated statistics) within it custody imprisoned under present law by 9/1/21, shall
update the list quarterly through 9/1/22, and then annually thereafter. The provisions of proposed law shall be given
prospective application only. Proposed law has an effective date of 9/1/21.
EXPENDITURES 2021-22 2022-23 2023-24 2024-25 2025-26 5 -YEAR TOTAL
State Gen. Fd. SEE BELOW SEE BELOW SEE BELOW SEE BELOW SEE BELOW
Agy. Self-Gen. $0 $0 $0 $0 $0 $0
Ded./Other $0 $0 $0 $0 $0 $0
Federal Funds $0 $0 $0 $0 $0 $0
Local Funds $0 $0 $0 $0 $0 $0
Annual Total
REVENUES 2021-22 2022-23 2023-24 2024-25 2025-26 5 -YEAR TOTAL
State Gen. Fd. $0 $0 $0 $0 $0 $0
Agy. Self-Gen. SEE BELOW SEE BELOW SEE BELOW SEE BELOW SEE BELOW
Ded./Other $0 $0 $0 $0 $0 $0
Federal Funds $0 $0 $0 $0 $0 $0
Local Funds $0 $0 $0 $0 $0 $0
Annual Total
EXPENDITURE EXPLANATION
There may be an indeterminable decrease to SGF expenditures for the Department of Safety & Corrections - Corrections Services (DPS&C)
to the extent offenders convicted of second degree murder and serve at least 25 years of their sentence and are subsequently released.
The exact fiscal impact of this legislation is indeterminable; however, the impact would be less time served for those offenders
incarcerated for second degree murder by allowing them to be eligible for parole, probation, or suspension of sentence after serving 25
years. Releasing offenders after they serve 25 years could save DPS&C $26.39 per day per offender and $9,632 annually ($26.39 per day
per offender x 365 days) for those in adult local housing. A reduction in convictions could save DPS&C $67.36 per day per offender and
$24,586 annually ($67.36 per day per offender x 365 days) for those in a state facility.
There will be an indeterminable impact to SGF expenditures for DPS&C with the addition of the distributing or dispensing of controlled
substances in Schedules I through V of the Uniform Controlled Dangerous Substances Law as an element of manslaughter. Proposed law
removes the distributing or dispensing of controlled substances as an element of second degree murder and adds it as an element of
manslaughter. The fiscal impact of the downgrading of this crime to manslaughter is indeterminable as it is not known the number of
individuals that will be convicted of manslaughter rather than second degree murder. Proposed law retains the distributing and dispensing
of fentanyl and its analogues, as a controlled dangerous substance under Schedules I through V of the Uniform Controlled Substances
Law, as an element of second degree murder; and therefore, there is no change in the fiscal impact of individuals convicted under this
element of second degree murder.
Any offender sentenced to the custody of DPS&C increases SGF expenditures $26.39 per day per offender in adult local housing and
$67.36 per day per offender in a state facility. Any offender convicted of this crime would cost DPS&C $9,632 annually ($26.39 per day
per offender x 365 days) per offenders in adult local housing and $24,586 annually ($67.36 per day per offenders x 365 days) per
offender in a state facility. The maximum sentence for a conviction of manslaughter is 40 years.
Note: The Engrossed version of the bill also defines second degree murder as when an offender unlawfully distributes or dispenses
directly, or to another who distributes or dispenses, fentanyl or its analogues, which is the direct cause of the death of the recipient who
ingested or consumed the dangerous substance. As written, the bill does not address how these offenders shall be sentenced.
REVENUE EXPLANATION
There may be an increase in self-generated revenue to the Department of Public Safety & Corrections - Adult Probation and Parole
(probation) to the extent offenders are released after serving 25 years of their sentence. The probation department would realize an
increase in fees paid by parolees and probationers. The exact fiscal impact is indeterminable because the number of offenders who may
be released and the amount of monthly fees charged is unknown.
Senate Dual Referral Rules House
13.5.1 >= $100,000 Annual Fiscal Cost {S & H} 6.8(F)(1) >= $100,000 SGF Fiscal Cost {H & S}
13.5.2 >= $500,000 Annual Tax or Fee Alan M. Boxberger
6.8(G) >= $500,000 Tax or Fee Increase
Change {S & H} or a Net Fee Decrease {S} Staff Director


Statutes affected:
HB158 Original:
HB158 Engrossed: