According to the Legislative Budget Board (LBB), SB 990 is not expected to have a significant fiscal implication for the State of Texas. The analysis assumes that any costs associated with implementing the legislation—such as increased prosecution or changes in sentencing—could be absorbed within existing state resources.

Furthermore, the fiscal note indicates that the impact on state correctional populations or the demand for correctional resources is projected to be minimal. This suggests that while the bill may result in some reclassification of murder cases as capital offenses, it is not anticipated to significantly increase the number of individuals sentenced to death or life without parole, nor is it expected to burden the prison system with long-term costs.

There is also no significant fiscal impact anticipated for local governments. Agencies such as the Office of Court Administration and the Office of Capital and Forensic Writs were consulted, and no concerns about increased local expenditures or operational strain were identified. Overall, from a fiscal standpoint, SB 990 is expected to be cost-neutral.

SB 990 aims to expand the capital murder statute by raising the age threshold for child victims from under 10 to under 15. This would allow prosecutors to charge individuals who intentionally kill children aged 10 to 14 with capital murder, thereby making them eligible for the death penalty or life without parole. The bill was motivated by a high-profile case in which a 12-year-old girl was murdered, and the prosecution could only pursue capital charges due to accompanying aggravated sexual assault.

From a policy perspective, this change supports personal responsibility by ensuring that those who commit the most heinous crimes against minors face the full weight of the law. It also affirms the state's interest in protecting vulnerable populations, particularly children, aligning with public safety priorities.

However, expanding the scope of capital murder statutes should be approached cautiously due to its implications for limited government and individual liberty. Broadening capital eligibility could inadvertently reduce prosecutorial discretion and increase the risk of disproportionate sentencing, especially in borderline cases.

Suggested Amendments:

• Maintain Distinct Age Categories: Instead of fully merging the under-10 and 10-to-14 age groups, consider maintaining differentiated sentencing options or requiring an additional aggravating factor (e.g., prior record, use of torture) for the 10–14 category to qualify for capital murder.
• Enhance Prosecutorial Discretion: Provide statutory guidance or allow for judicial findings to confirm that the case merits capital punishment, preventing automatic application based on age alone.
• Ensure Review Mechanisms: Introduce provisions that strengthen appellate review or require confirmation of aggravating circumstances to ensure capital charges are applied appropriately.
• Sunset Provision for Review: Add a provision requiring legislative review after a defined period (e.g., five years) to assess the impact of the expanded age threshold on prosecutorial practices and sentencing outcomes.

Though Texas Policy Research recommends that lawmakers vote YES on SB 990, we strongly encourage lawmakers to consider the above-mentioned amendments. These amendments would preserve the bill’s core intent—ensuring justice for heinous crimes against minors—while reinforcing safeguards to prevent excessive or inequitable use of the state’s most severe penalty.