Texas Senate Bill SB336

Texas 2019 - 86th Regular

Caption

Relating to credit toward payment of a fine and costs for certain misdemeanants confined in jail or prison before sentencing.

Impact

The bill's enactment would primarily affect defendants who are sentenced for misdemeanors classified solely by fines. It allows for a more equitable approach to sentencing as it considers previous time served, which can significantly lower the financial burden placed on a defendant already facing incarceration. This aligns with broader reform efforts within the criminal justice system to address the disproportionate impact of fines and fees on lower-income individuals.

Summary

Senate Bill 336 seeks to amend the Code of Criminal Procedure regarding the calculation of fines and costs for certain misdemeanants. Specifically, it introduces provisions that allow judges to credit defendants for time served in jail or prison, not just for the misdemeanor in question but also for any previous sentences that the defendant was serving at the time of the misdemeanor. This change aims to ensure that defendants do not face unfair financial penalties for situations where their confinement overlaps due to multiple offenses.

Contention

While the bill presents an opportunity for fairer treatment of misdemeanants, there may be points of contention regarding its implementation. Critics may argue that it could lead to reduced accountability for offenders or encumber the judicial process by requiring more detailed assessments of a defendant's prior incarcerations. Moreover, there may be concerns regarding potential disparities in how judges apply these credits, leading to unequal treatment for similar cases depending on the discretion of the presiding judge.