Texas House Bill HB319

Texas 2015 - 84th Regular

• Filed: 11/17/14

Caption

Relating to the establishment, operation, and funding of victim-offender mediation programs.

Impact

The introduction of HB 319 is designed to promote restorative justice by allowing victims to have a voice in the resolution of offenses committed against them. It modifies elements of the criminal justice system, moving towards a more rehabilitative rather than punitive approach. The bill allows counties or municipalities to create their mediation programs, potentially broadening access to restorative justice practices. The funding mechanisms are tied to court costs, which may impact the financial aspects of local government operations in terms of cost recovery for implementing these programs.

Summary

House Bill 319 establishes and funds pretrial victim-offender mediation programs in Texas. These programs aim to facilitate communication between victims and offenders in misdemeanor or state jail felony cases. The bill outlines eligibility requirements, including that offenders must not have prior felony convictions or certain misdemeanors to participate. A significant aspect of this legislation is its emphasis on the voluntary consent of both the victim and the offender to engage in mediation, leading to potential agreements that may involve restitution and community service rather than traditional punitive measures.

Contention

Some points of contention surrounding HB 319 concern the structure of the funding and the potential fees associated with the mediation programs. The bill allows for the collection of program fees from participants, which could raise accessibility issues for low-income defendants. Moreover, there may be discussions regarding the effectiveness of these pretrial programs and their actual impact on recidivism rates. Critics worry that while the intent is positive, the execution of such programs could lead to disparities in who can actually benefit from mediation agreements, thus undermining the bill's goals.