Texas Senate Bill SB82

Texas 2009 - 81st Regular

• Filed: 11/10/08
• Out of Senate Committee: 3/19/09
• Voted on by Senate: 4/2/09
• Out of House Committee: 5/4/09
• Voted on by House: 5/19/09
• Governor Action: 6/19/09
• Enrolled: 5/20/09
• Passed: 6/19/09

Caption

Relating to a fee imposed as a condition of community supervision for an offense involving family violence and to certain nonsubstantive revisions involving court fees.

Impact

The proposed legislation impacts the Code of Criminal Procedure by altering the discretionary nature of fee imposition. Under the current law, judges may impose such fees at their discretion, but SB82 transitions this to a mandatory requirement where judges 'shall' impose a fee upon those convicted of relevant offenses. This shift intends to enhance the financial support available to family violence shelters, enabling them to better serve victims and potentially reduce the recurrence of such offenses.

Summary

SB82 seeks to amend existing laws regarding the imposition of fees in criminal cases specifically related to family violence offenses. The bill establishes a mandatory requirement for judges to impose a fee of up to $100 to be paid to family violence shelters as a condition of community supervision for individuals convicted of family violence offenses. This change aims to create a consistent approach to funding support services for victims of family violence, directing financial resources to organizations that provide assistance and shelter for those affected.

Contention

Notable points of contention might arise surrounding the bill's mandatory fee provision, as some stakeholders could argue about the implications for defendants facing financial hardship. Concerns have been raised previously that imposing such fees without consideration of an individual's ability to pay may disproportionately affect low-income defendants, leading to further criminalization and difficulties in fulfilling community supervision requirements. Additionally, debates may surface regarding whether the amount set is adequate in addressing the needs of family violence shelters or whether higher funding levels would be more effective.

Additional_information

The bill also touches on amendments to related fees within the legal system, intending to streamline and make nonsubstantive revisions for clarity. As family violence continues to be a pressing issue, the potential effectiveness of this bill will depend on how well it is implemented and the actual outcomes observed in reducing occurrences of family violence and supporting victims within the community.