Texas 2009 - 81st Regular

Texas House Bill HB4216

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

Caption

Relating to the electronic monitoring of certain defendants as an alternative to confinement.

Impact

This legislation could fundamentally change how certain offenses are managed within the judicial system. By enabling electronic monitoring as a viable sentencing option, it allows for a not only cost-effective solution but also a humane alternative conducive to reintegration into society. It is anticipated that upon implementation, counties with electronic monitoring programs will need to ensure they have the appropriate resources and management capabilities to oversee these programs effectively, either through their own department or through private vendor contracts.

Summary

House Bill 4216 proposes a significant amendment to the Texas Code of Criminal Procedure, focusing primarily on the electronic monitoring of defendants as an alternative to traditional confinement in county jail. The bill allows courts to order participation in approved electronic monitoring programs for defendants, thereby providing a means to serve their sentences while remaining in the community. This is expected to help reduce overcrowding in jails and offer a more rehabilitative approach to justice for certain offenders, particularly those who may not pose a threat to public safety.

Contention

Notably, the bill may face scrutiny regarding its implementation and the potential for disparities in access to these monitoring programs across various counties. Critics might express concerns about the reliability of electronic monitoring systems and argue that the effectiveness of these programs in community supervision compared to traditional confinement is still unproven. Furthermore, the bill allows for the revocation of an offender’s participation if they violate any conditions set by the court, which raises questions about fairness and the management of defendants who might struggle to comply.

Companion Bills

TX SB2340

Identical Relating to electronic monitoring and other alternative means for certain defendants to discharge a fine or costs or satisfy a term of confinement in county jail.

Similar Bills

TX HB3309

Relating to appointment of and performance of notarial acts by an electronic notary public; authorizing a fee and creating a criminal offense.

TX HB1217

Relating to appointment of and performance of notarial acts by an online notary public and online acknowledgment and proof of written instruments; authorizing a fee and creating a criminal offense.

CA AB1667

Electronic wills.

CA AB2961

Civil procedure: electronic filing and service.

LA HB572

Provides for electronic notaries public and electronic notarial acts

CA AB2283

Civil actions: electronic service.

CA SB666

Service of papers: electronic service by court.

CA AB2165

Electronic filing and service of documents.