Texas House Bill HB27

Texas 2011 - 82nd Regular

• Out of House Committee: 3/29/11
• Voted on by House: 4/11/11
• Out of Senate Committee: 5/9/11
• Voted on by Senate: 5/16/11
• Governor Action: 6/17/11
• Report Pass: 5/9/11
• Enrolled: 5/18/11
• Passed: 6/17/11

Caption

Relating to the payment of fines and costs by defendants who are unable to pay the fines and costs in misdemeanor cases.

Impact

This legislative change is set to significantly impact the landscape of misdemeanor justice in Texas by potentially reducing the number of defendants punished for financial inability to pay their fines and costs. It aligns with broader criminal justice reform efforts aimed at making the legal system more equitable and accessible. Furthermore, the bill could reduce recidivism by easing the financial burdens that may lead individuals into a cycle of debt and further legal troubles due to unpaid fines.

Summary

House Bill 27 addresses the financial challenges faced by defendants in misdemeanor cases who are unable to pay their fines and costs. The bill amends the Code of Criminal Procedure, specifically Article 42.15 and Article 45.041, to provide judges with the authority to allow structured payment plans for these individuals. If a court determines that a defendant cannot pay the full amount immediately, it is required to permit payments in specified portions at designated intervals, thus increasing judicial discretion in dealing with penalties.

Contention

There may be notable contention surrounding this bill among various stakeholders. Advocates for justice reform may support its intent to alleviate the penalization of poverty; however, some critics could express concerns regarding the potential for a decrease in the deterrent effect of fines and costs as a means of punishment. Additionally, there may be debates on the implementation of these payment structures, including how often payments should occur and the logistical challenges courts may face in managing such systems.