Texas 2015 - 84th Regular

Texas House Bill HB3388

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

Caption

Relating to increasing the fee on conviction paid by a defendant for a peace officer committing or releasing the defendant.

Impact

The amendment to the Code of Criminal Procedure under HB 3388 imposes new financial obligations on convicted individuals, which may have far-reaching implications for the local justice system. The changes are expected to enhance the financial resources available to law enforcement agencies. However, this could also raise concerns about the fairness and accessibility of the legal system, particularly for individuals with limited financial means. The bill delineates specific costs that will be imposed based on the services provided, thus systematically embedding these costs into the conviction process.

Summary

House Bill 3388 introduces significant changes to the fees imposed on defendants convicted of crimes in Texas. Specifically, the bill aims to increase the fees paid for various services performed by peace officers, which are collected in connection with a defendant's conviction. This includes adjusting fees for actions such as issuing notices to appear in court, executing arrest warrants, and for the commitment or release of the defendant. The increase in these fees is intended to better fund law enforcement and the broader justice system, reflecting the legislative intent to ensure adequate resources for operational needs.

Sentiment

Overall sentiment surrounding HB 3388 is mixed, reflecting a balance between the need for adequate funding for law enforcement and concerns about the financial burden on defendants. Proponents argue that the increased fees are necessary to support police functions and judicial operations, which can improve public safety and the effectiveness of the justice system. Conversely, opponents express concern that these additional costs may exacerbate the financial struggles of those already facing legal challenges, potentially leading to further inequities in the justice system.

Contention

Notable points of contention include debates over the appropriateness of raising fees on convicted defendants, especially in light of socioeconomic disparities. Critics argue that increasing financial penalties for individuals who are already navigating the criminal justice system raises ethical questions about justice and equity. Additionally, concerns have been raised regarding whether these higher fees will truly contribute to better law enforcement outcomes, or if they will merely serve as a revenue-generating mechanism that unfairly penalizes those who cannot afford to pay.

Companion Bills

TX SB696

Identical Relating to increasing the fee on conviction paid by a defendant for a peace officer committing or releasing the defendant.

Previously Filed As

TX HB2338

Relating to the amount of the reimbursement fee paid by a defendant for a peace officer's services in executing or processing an arrest warrant, capias, or capias pro fine.

TX SB157

Relating to the amount of the reimbursement fee paid by a defendant for a peace officer's services in executing or processing an arrest warrant, capias, or capias pro fine.

TX SB1318

Relating to the release of defendants on bail, the duties of a magistrate in certain criminal proceedings, and the notice provided by peace officers to adult victims of family violence.

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 HB3400

Relating to the release of defendants on bail, the duties of a magistrate in certain criminal proceedings, and the appointment of certain criminal law hearing officers; creating a criminal offense.

TX HB1728

Relating to the release on bail of certain defendants accused of committing a felony offense and the criminal consequences of committing a felony while released on bail for a prior felony; creating a criminal offense; increasing the minimum term of imprisonment for certain felonies; changing eligibility for deferred adjudication community supervision, mandatory supervision, and parole.

TX HB4517

Relating to the release of certain defendants on personal bond.

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 HB476

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

TX HB4504

Relating to the nonsubstantive revision of certain provisions of the Code of Criminal Procedure, including conforming amendments.

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