Texas 2017 - 85th Regular

Texas House Bill HB1441

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

Caption

Relating to a defendant's discharge of fines and costs through confinement in jail or community service.

Impact

The impact of HB 1441 extends to the Code of Criminal Procedure, specifically Articles 45.041 and 45.049. By enabling judges to allow defendants to perform community service as a means to satisfy their financial obligations, the bill seeks to alleviate the burden on low-income individuals who may struggle to pay court-ordered fines. This approach could lead to a decrease in incarceration rates due to unpaid fines, thus aiming to prevent jail time for indigent defendants who fail to pay.

Summary

House Bill 1441 aims to amend the provisions surrounding the payment of fines and costs imposed on defendants. Specifically, the bill allows judges to permit defendants who lack sufficient resources or income to discharge their fines or costs through community service. This amendment supports a more rehabilitative approach rather than purely punitive measures, reflecting a shift towards considering the financial circumstances of individuals involved in the judicial system.

Conclusion

Overall, the objectives of HB 1441 reflect a growing recognition of the socioeconomic disparities within the criminal justice system. By providing alternatives to incarceration for those unable to pay fines, the bill positions itself as a progressive measure aimed at reforming the handling of minor offenses, although its full implications will depend on its application in the courts and surrounding community service opportunities.

Contention

Despite the potential benefits, there may be points of contention surrounding the implementation of this bill. Critics might argue about the adequacy of community service as a substitute for monetary penalties and whether this may create a more informal system that undermines strict enforcement of laws regarding fines. Additionally, issues of supervision and accountability in community service placements arise, particularly regarding whether the service provided genuinely addresses the social welfare needs intended by the law.

Companion Bills

No companion bills found.

Previously Filed As

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 HB734

Relating to a defendant's discharge of fines and costs through community service.

TX HB2380

Relating to credit toward payment of fines and costs for certain defendants.

TX SB352

Relating to credit toward payment of fines and costs for certain defendants.

TX HB1921

Relating to the amount of a fine and costs discharged by a defendant while confined in jail or engaged in labor.

TX HB2909

Relating to the imposition of fines and costs for a defendant who is younger than 18 years of age.

TX HB3363

Relating to the confinement or detention of certain individuals in a county jail or other facility operated by or for the county and to the compensation to the county for the costs of that confinement or detention.

TX HB3530

Relating to the confinement in a county jail of certain defendants who are incompetent to stand trial and to the compensation to the county for the costs of that confinement.

TX HB2733

Relating to the confinement in a county jail of certain defendants who are incompetent to stand trial and to the compensation to the county for the costs of that confinement.

TX SB1313

Relating to the confinement in a county jail of certain defendants who are incompetent to stand trial and to the compensation to the county for the costs of that confinement.

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