Texas House Bill HB2130

Texas 2019 - 86th Regular

Caption

Relating to the duties of the court regarding a plea bargain agreement that requires a defendant to pay costs associated with court-appointed counsel.

Impact

This bill significantly impacts how plea bargains are handled in Texas by introducing a formal obligation for courts to consider defendants' financial situations before finalizing agreements. The intent behind this change is to prevent undue financial burden on defendants, especially those who may struggle to pay for legal services, and to promote fairness in the judicial process. By enforcing this assessment, the bill aims to uphold the rights of defendants and enhance the overall integrity of legal proceedings.

Summary

House Bill 2130 aims to amend Article 26.13 of the Code of Criminal Procedure by specifying the duties of courts regarding plea bargain agreements that require defendants to pay for court-appointed legal services. The legislation mandates that, before a court accepts a guilty plea or a plea of nolo contendere, it must inquire if the agreement entails payment for legal services provided to the defendant. This inquiry would ensure that the court assesses the defendant's ability to pay these costs, thereby making the process more transparent and just.

Contention

Notably, the bill may face contention regarding its implications for the judicial system's efficiency. Proponents argue that requiring courts to assess a defendant's financial capacity fosters a fair legal environment, while critics might contend that it could prolong plea negotiations or complicate cases that are typically resolved quickly. There is a concern that adding such inquiries may lead to administrative delays, potentially affecting the broader criminal justice system and its ability to process cases promptly.