Texas House Bill HB167

Texas 2013 - 83rd Regular

• Filed: 11/13/12

Caption

Relating to the establishment, operation, and funding of victim-offender mediation programs; authorizing a fee.

Impact

The establishment of these mediation programs is poised to have significant effects on state laws and the judicial process. By permitting judges to defer proceedings without requiring a plea, HB167 introduces a path for resolution that emphasizes accountability and restitution rather than incarceration. The bill outlines that participants must enter into mediation agreements that may include apologies, restitution payments, and community service. The intention is to foster a sense of responsibility among offenders and provide victims with a role in resolving the conflict, leading to potentially better outcomes for all parties involved.

Summary

House Bill 167, introduced by McClendon and sponsored in the Senate by Zaffirini, aims to establish pretrial victim-offender mediation programs across Texas. The bill allows local governments, in coordination with state attorneys, to create these programs for individuals charged with certain misdemeanors. It explicitly targets defendants who have not previously been convicted of felonies or misdemeanors (other than minor traffic offenses), thus focusing on first-time, low-level offenders. This approach is intended to divert eligible defendants from the traditional court system, allowing for a more restorative justice process.

Contention

While proponents argue that the bill will alleviate the burden on the judicial system and provide a means of handling cases in a more constructive manner, critics are concerned about the implications for justice equity. There are worries that mediation might not be accessible to all victims equally, and that it could shift focus away from punitive measures that some believe are necessary for certain offenses. Additionally, the bill establishes fees for participation, which some fear could disadvantage low-income defendants and create barriers to entry into the program.