Texas Senate Bill SB306

Texas 2011 - 82nd Regular

• Introduced: 1/3/11
• Refer: 2/2/11

Caption

Relating to the filing of an affidavit to perfect a restitution lien in a criminal case.

Impact

The bill's implementation is expected to facilitate better outcomes for victims seeking restitution. By mandating that court clerks file affidavits promptly—no later than 30 days after a court order—the bill aims to reduce delays that could hinder victims from receiving compensation. Overall, SB306 represents a proactive approach to ensure that the intention behind court-mandated restitution is fulfilled promptly, thus reinforcing the judicial system’s commitment to victim rights.

Summary

SB306 addresses the filing of an affidavit to perfect a restitution lien in criminal cases. This legislation aims to streamline the process by which victims can ensure they receive compensation following a court's order for restitution from defendants. By amending Article 42.22 of the Texas Code of Criminal Procedure, the bill specifies the roles of the state attorney and the court clerk in the filing process, emphasizing the need for timely actions to protect victims' rights to restitution. This measure reflects an ongoing effort to enhance support for victims within the criminal justice system.

Sentiment

General sentiment around SB306 appears to be supportive, particularly among advocates for victims' rights and those within the criminal justice system. The enhancements proposed in the bill align with broader reforms aimed at ensuring that victims receive the restitution they are entitled to in a more efficient manner. However, the discussions also underscore the necessity of balancing procedural changes with the rights of defendants, a consideration that might evoke differing opinions among legal professionals.

Contention

While the bill has garnered support, there may also be concerns regarding the potential for procedural complications, especially if the roles of various legal stakeholders (such as attorneys representing the state and the court clerks) aren't clearly delineated. Critics may argue that while the bill aims to streamline the process, it also introduces a risk of oversight or delays in instances where the requisite filings are not executed in line with court orders. Therefore, ongoing discussions will be crucial to addressing these tensions and ensuring the bill meets its intended goals without imposing undue burdens on the criminal justice system.