Texas House Bill HB2440

Texas 2013 - 83rd Regular

Caption

Relating to the obligation of a defendant to pay court-ordered restitution.

Impact

If enacted, HB 2440 will amend Article 42.037 of the Code of Criminal Procedure to include specific provisions regarding the collection of unpaid restitution. The bill allows for the withdrawal of unpaid restitution from inmate accounts if the defendants are confined in a state-operated facility. Additionally, it makes the payment of restitution a condition for the granting of community supervision, parole, or mandatory supervision, thereby reinforcing the concept that restitution is a prioritized obligation for defendants.

Summary

House Bill 2440 addresses the obligation of defendants regarding the payment of court-ordered restitution. The key provision of the bill clarifies that defendants are responsible for fulfilling their restitution obligations until the full amount is paid. This responsibility continues regardless of whether the defendant is incarcerated or under some form of state supervision. The bill seeks to ensure that victims receive court-ordered reparations even if the defendants are not currently able to make payments due to their confinement status.

Sentiment

The sentiment around HB 2440 can be seen as largely supportive among victims' advocacy groups who see the need for stronger mechanisms that facilitate the collection of restitution. However, there may also be concerns raised by defense advocates about the implications of such obligations on rehabilitation efforts and the fairness of imposing financial burdens on individuals who may already be disadvantaged due to their circumstances.

Contention

Opposition may arise due to the potential for this legislation to exacerbate the financial difficulties faced by defendants, particularly those who are low-income or who have unstable financial situations. Critics may argue that strict restitution obligations might hinder successful reentry into society post-incarceration or create cycles of poverty that perpetuate criminal behavior. The bill's intention to prioritize victim compensation must be balanced against the realities faced by defendants in terms of their ability to pay.