Texas House Bill HB2019

Texas 2011 - 82nd Regular

• Out of House Committee: 4/27/11
• Introduced: 3/1/11
• Refer: 3/7/11
• Report Pass: 4/14/11

Caption

Relating to the establishment, operation, and funding of victim-offender mediation programs.

Impact

The implementation of this bill would significantly modify how certain misdemeanors are processed within the criminal justice system in Texas. It introduces a mechanism where defendants can potentially have their cases mediated before trial, which may lead to lesser consequences such as community service, restitution payments, or other agreed-upon reparations instead of traditional criminal penalties. Successful completion of the mediation process can also result in the dismissal of the charges against the defendant, thereby minimizing the long-term impact of a criminal record.

Summary

House Bill 2019 establishes provisions for the creation and operation of pretrial victim-offender mediation programs in Texas. This legislation aims to provide an alternative to traditional prosecution for individuals charged with misdemeanors. Specifically, the bill allows county and municipal courts to set up mediation programs for defendants who have been charged with certain misdemeanors and who have not previously been convicted of a felony or other misdemeanors, with some exceptions. The goal is to offer a more restorative approach to justice, focusing on repairing harm done to victims rather than purely punitive measures.

Contention

Opposition to this bill may arise from concerns about victim rights and the perception that mediation could undermine the severity of criminal offenses. Some critics may argue that mediators may not be adequately trained to handle complex emotional and legal issues that arise during mediation sessions. Additionally, there could be debates over the fee structure outlined in the bill for participating in mediation programs, which involves separate costs for defendants, potentially raising issues of accessibility and fairness in the justice system.