Texas 2011 - 82nd Regular

Texas Senate Bill SB382

Voted on by Senate
 
Out of House Committee
 
Voted on by House
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to an administrative fee for defendants required by a court to perform community service in lieu of serving a term of confinement in county jail.

Impact

The implementation of SB382 is likely to have implications for both defendants and the judicial system in Texas. Defendants opting for community service in place of jail time can expect to incur this additional financial obligation. While the aim of the bill is to cover administrative costs, this could be perceived as adding a financial burden on defendants trying to comply with court-ordered community service, possibly impacting those with limited financial resources. Furthermore, it sets a precedent for similar fees in future criminal justice reforms.

Summary

SB382 introduces a provision that allows courts in Texas to impose an administrative fee on defendants who are ordered to engage in community service instead of serving jail time. This fee can be up to $50 and is intended to cover the costs associated with the administration of community service programs. The bill modifies the Texas Code of Criminal Procedure and the Government Code to include this fee structure. The changes apply only to offenses committed on or after the effective date and ensure that prior cases are still governed under the old laws.

Sentiment

Discussions around SB382's introduction have indicated a mixed sentiment, with potential support from those advocating for the efficiency of court administration and criticism from those who argue it adds to the economic burden on defendants. Supporters may view the act as a necessary adjustment to ensure that community service programs are adequately funded and managed. Critics may argue that it penalizes individuals who are already in a vulnerable position following a court ruling.

Contention

Notable points of contention regarding SB382 revolve around the fairness of imposing an additional fee on individuals who are already facing possible incarceration. Opponents may argue that this approach undermines the purpose of community service, which is designed as a rehabilitative and less punitive measure for certain offenses. The inclusion of the administrative fee could lead to debates on whether financial penalties further entrench systemic inequalities within the criminal justice system, particularly impacting low-income individuals more severely.

Companion Bills

TX HB934

Identical Relating to an administrative fee for defendants required by a court to perform community service in lieu of serving a term of confinement in county jail.

Previously Filed As

TX HB2733

Relating to the confinement in a county jail of certain defendants who are incompetent to stand trial and to the compensation to the county for the costs of that confinement.

TX SB1313

Relating to the confinement in a county jail of certain defendants who are incompetent to stand trial and to the compensation to the county for the costs of that confinement.

TX HB3530

Relating to the confinement in a county jail of certain defendants who are incompetent to stand trial and to the compensation to the county for the costs of that confinement.

TX HB2141

Relating to a hearing for an alleged violation of community supervision by a defendant and the manner in which that defendant is required to appear before the court.

TX HB3363

Relating to the confinement or detention of certain individuals in a county jail or other facility operated by or for the county and to the compensation to the county for the costs of that confinement or detention.

TX HB1528

Relating to magistration proceedings for criminal defendants and the retention of related records, to services and representation provided to indigent criminal defendants and indigent juveniles, and to the governance and administration of the Texas Indigent Defense Commission.

TX HB303

Relating to a justice or municipal court's authority to order a defendant confined in jail for failure to pay a fine or cost or for contempt and to the authority of a municipality to enforce the collection of certain fines by imprisonment of the defendant.

TX HB2620

Relating to the confinement in a county jail of a person pending a transfer to the Texas Department of Criminal Justice and to compensation to a county for certain costs of confinement.

TX HB3375

Relating to access to communication services for inmates and state jail defendants.

TX HB476

Relating to the release of certain defendants detained in jail pending trial.

Similar Bills

No similar bills found.