Texas House Bill HB3585

Texas 2009 - 81st Regular

• Out of House Committee: 4/23/09

Caption

Relating to the payment of a special expense fee on a grant of deferred disposition in a justice or municipal court.

Impact

The bill's amendments allow judges greater flexibility in applying deferments in cases where a defendant pleads guilty or nolo contendere. The ability to impose special expense fees aims to streamline the process and incentivize defendants to adhere to the requirements of their probation. It is also intended to recover some of the costs associated with the deferral process, thus contributing to court resources. Overall, the bill seeks to enhance the management of minor offenses within the court systems.

Summary

House Bill 3585 relates to the payment of a special expense fee when a grant of deferred disposition is issued in justice or municipal courts. The bill amends Article 45.051 of the Code of Criminal Procedure to outline the conditions under which a judge may defer proceedings in misdemeanor cases that are punishable by fine only. This allows for an alternative approach to handling minor offenses, potentially reducing the burdens of a formal conviction for defendants who comply with probation conditions set by the court.

Contention

While the bill appears to have supportive elements aimed at efficiency in justice proceedings, there may be concerns regarding the implications for defendants unable to pay the special expense fee. Critics may argue that imposing additional fees could disproportionately affect low-income individuals and exacerbate issues of inequality in the judicial system. This concern over equitable access to justice could lead to discussions around the broader impacts of such financial requirements on defendants facing legal issues, raising questions about the intersection of justice and economic status.