Texas 2017 - 85th Regular

Texas Senate Bill SB1335

Voted on by Senate
 
Out of House Committee
 
Voted on by House
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to the amount of a fine or cost imposed in a criminal case by a justice or municipal court and to the court's authority to order a defendant confined in jail for failure to pay a fine or cost or for contempt.

Impact

The legislative changes introduced by SB1335 are meant to address issues of fairness and equity in the justice system. By restricting the ability of justices and municipal courts to confine individuals solely for non-payment of fines, the bill seeks to prevent further entrenchment of poverty among defendants. This could lead to significant reductions in jail populations where individuals are incarcerated simply for their inability to discharge monetary penalties, thus also alleviating some pressure on local corrections facilities.

Summary

SB1335 focuses on the enforcement of fines and costs in criminal cases by amending the Code of Criminal Procedure. The bill specifically aims to prevent local courts from ordering confinement for individuals who fail to pay fines resulting from convictions of offenses punishable by fine only. This provides a protection for defendants, especially vulnerable populations who may struggle financially. Under the new law, courts are required to credit defendants for time served in jail towards the payment of fines, effectively reducing the financial burden on those unable to pay.

Contention

There were notable discussions surrounding the implications of SB1335, particularly regarding how its implementation might affect the accountability of individuals who incur fines. Proponents argue that the bill protects the rights of the economically disadvantaged and prevents unjust incarcerations. However, opponents raised concerns that it may inadvertently encourage non-compliance with judicial financial obligations. The bill also has specific stipulations regarding minors, explicitly prohibiting their confinement for fine-related offenses, which is a critical point of contention given the delicate nature of juvenile justice.

Companion Bills

TX HB1125

Identical Relating to the amount of a fine or cost imposed in a criminal case by a justice or municipal court and to the court's authority to order a defendant confined in jail for failure to pay a fine or cost or for contempt.

Similar Bills

TX HB303

Relating to a justice or municipal court's authority to order a defendant confined in jail for failure to pay a fine or cost or for contempt and to the authority of a municipality to enforce the collection of certain fines by imprisonment of the defendant.

TX HB772

Relating to the amount of a fine or cost imposed in a criminal case by a justice or municipal court and to the court's authority to order a defendant confined in jail for failure to pay a fine or cost or for contempt.

TX HB1125

Relating to the amount of a fine or cost imposed in a criminal case by a justice or municipal court and to the court's authority to order a defendant confined in jail for failure to pay a fine or cost or for contempt.

TX HB743

Relating to a justice or municipal court's authority to order a defendant confined in jail for failure to pay a fine or cost or for contempt and to the authority of a municipality to enforce the collection of certain fines by imprisonment of the defendant.

CA AB1119

Enforcement of judgments.

CA AB2338

Courts: contempt orders.

TX HB2754

Relating to a limitation on the authority to arrest a person for certain misdemeanors punishable by fine only.

MT SB374

Generally revise contempt of court laws