Texas House Bill HB3615

Texas 2009 - 81st Regular

• Out of House Committee: 4/29/09

Caption

Relating to the payment of the costs associated with certain conditions of bond.

Impact

If passed, this bill would have significant implications for defendants awaiting trial or under bond, particularly those subject to electronic monitoring or drug testing. It establishes a clearer financial obligation on the part of the defendants, potentially impacting their ability to retain liberty during legal proceedings if they fail to meet payment requirements. This could lead to increased scrutiny of defendants' financial situations and possibly create disparities based on economic capability. More importantly, the changes could affect how courts manage compliance with monitoring conditions and the consequences for non-compliance.

Summary

House Bill 3615 proposes amendments to Article 17.44 of the Code of Criminal Procedure, specifically focusing on the financial aspects associated with certain conditions of bond. The bill stipulates that if a defendant fails to pay the costs required for electronic monitoring or drug testing, they could face bond revocation. By formally incorporating these costs as either court costs or conditions of bond payments, the bill seeks to underscore the financial responsibility of defendants under monitoring conditions.

Contention

The introduction of a financial obligation linked to bond conditions may raise concerns among lawmakers and advocacy groups who view it as potentially punitive towards lower-income defendants. Critics may argue that it places an additional burden on individuals already facing legal challenges, which could lead to increased incarceration rates for non-compliance that is financially motivated rather than a failure of legal obligation. The debate around the bill will likely center on the balance between ensuring compliance in monitoring conditions while protecting the rights of defendants, particularly around economic equity.