Texas Senate Bill SB395

Texas 2013 - 83rd Regular

Caption

Relating to fines and court costs imposed on a child in a criminal case.

Impact

The bill's amendments to Articles 42.15 and 45.041 specifically aim to provide judges with the discretion to develop more suitable sentencing alternatives for child defendants. By incorporating options for community service or educational assistance to discharge their obligations, SB395 acknowledges the socio-economic challenges many juveniles face, especially those classified as indigent. The bill seeks to reduce the negative consequences of imposing financial burdens on minors, which could lead to further entanglement with the juvenile justice system.

Summary

SB395, which amends several provisions of the Texas Code of Criminal Procedure, specifically addresses the imposition of fines and court costs on children adjudicated in criminal cases. The bill allows judges to offer options to child defendants, including the ability to discharge fines through community service or tutoring, rather than only through conventional monetary payments. This flexibility is aimed at taking into account the unique circumstances faced by minors in the judicial system, enhancing their opportunity for rehabilitation instead of punishment through financial penalties.

Contention

There is some contention surrounding the application of the bill, particularly in how it addresses juvenile fines versus adult penalties. Critics argue that while the intention is to support rehabilitation, it may also be perceived as leniency towards juvenile offenders, potentially undermining the seriousness of their actions. Supporters contend that this approach is a necessary evolution in juvenile justice that recognizes the need for more humane treatment of young offenders, aiming to reintegrate them successfully into society rather than penalizing them into a cycle of poverty and crime.