Texas House Bill HB228

Texas 2009 - 81st Regular

• Filed: 11/14/08

Caption

Relating to a defendant's payment of the costs of legal services provided by court-appointed counsel in a criminal case.

Impact

This new provision is expected to have significant implications for state law, particularly in the way legal services for defendants are financed. By shifting some financial responsibility onto defendants with available resources, the bill intends to reduce the financial strain on the state and public defense systems. This change reflects a growing trend towards encouraging individual accountability in the legal process while ensuring that those who cannot afford legal services still receive adequate representation. However, it also raises concerns about the fairness of imposing such costs on defendants, particularly regarding their financial circumstances and the potential for unequal access to justice.

Summary

House Bill 228 pertains to the payment obligations of defendants concerning legal services provided by court-appointed counsel in criminal cases. The bill amends Article 26.05 of the Code of Criminal Procedure to allow courts to order defendants to pay for legal services if the court finds that the defendant has the financial means to do so. Specifically, the court may impose costs during the proceedings or, if the defendant is convicted, as part of the court costs associated with their case. This legislation aims to alleviate the financial burden on the state by making defendants responsible for the cost of their legal representation when they are deemed capable of contributing financially.

Contention

Notably, there are concerns surrounding the potential impact of this legislation on low-income defendants who may feel pressured to forgo legal representation due to the fear of incurring additional costs. Critics argue that this could create a barrier to justice and lead to inequities in the legal system, particularly if the court's assessment of financial resources is overly stringent. Proponents of the bill, however, argue that it provides necessary clarity and structure to the financing of legal services for defendants who can afford them. The bill underscores the need for a careful balance between ensuring access to legal representation and managing the costs associated with providing such services.