Texas Senate Bill SB1776

Texas 2025 - 89th Regular

• Filed: 2/28/25

Caption

Relating to the payment of certain fines and costs by a defendant.

Impact

If enacted, SB1776 will alter current practices within the Texas Code of Criminal Procedure regarding how courts handle the financial obligations of defendants. This means that for offenses committed on or after the effective date, which is set for September 1, 2025, judges will need to take the income of defendants into consideration when setting payment amounts for fines and costs. This shift could lead to a more equitable approach to sentencing and reduce the disproportionate impact that fines have on low-income individuals.

Summary

Senate Bill 1776 aims to reform the imposition of fines and costs on defendants in the Texas criminal justice system. The bill stipulates that when a court imposes fines, it cannot require a defendant to pay more than 5% of their monthly income to satisfy these penalties unless there is an agreement from the defendant to a higher amount. This legislative change is intended to make the payment of fines more manageable for individuals with lower incomes and to ensure that financial penalties do not lead to undue hardship or incarceration for those who are unable to pay.

Contention

The bill may spark discussions regarding the balance between punishment and the financial capabilities of defendants. Supporters might argue that the existing system unfairly penalizes individuals who already struggle financially, while opponents could claim that such a limit on payments may hinder the court's ability to impose effective penalties. Additionally, there may be concerns about how this law could affect the judiciary's discretion in imposing fines, potentially complicating court proceedings and outcomes based on the economic situations of defendants.

Texas Constitutional Statutes Affected

Code Of Criminal Procedure

• Chapter 42. Judgment And Sentence
  • Section: New Section