Texas Senate Bill SB411

Texas 2009 - 81st Regular

• Out of Senate Committee: 4/28/09
• Voted on by Senate: 5/7/09

Caption

Relating to a restitution lien for the state to secure fines or costs in a misdemeanor case.

Impact

The introduction of this bill is significant as it provides a mechanism for the state to ensure that financial penalties imposed through the court system are collected effectively. By creating a restitution lien, the state can recover owed amounts even when individuals fail to pay, aiming to improve compliance with court orders and contribute to state revenue. This approach is particularly pertinent in cases where the defendant's financial responsibilities extend beyond mere incarceration costs and fines, facilitating more comprehensive recovery of the costs incurred by the state.

Summary

SB411, relating to a restitution lien for the state to secure fines or costs in a misdemeanor case, aims to establish a legal framework that allows the state to place a lien to recover unpaid fines and costs resulting from misdemeanor criminal convictions. This bill modifies Section 2(b) of Article 42.22 of the Texas Code of Criminal Procedure, explicitly allowing for the state to secure amounts related to fines, costs of confinement, and damages incurred due to specified offenses involving motor vehicles.

Contention

Notably, while the bill's supporters argue that it serves as a necessary tool for financial accountability and justice, there may be concerns regarding its potential impact on individuals facing misdemeanor charges. Critics might question whether imposing liens for misdemeanor offenses disproportionately affects those with limited financial resources, potentially leading to further economic hardship. Such counterarguments would emphasize the need for balance between enforcing penalties and ensuring the punishment is proportionate to the offense.