BILL ANALYSIS

 

 

                                                                                                                                             H.B. 375

                                                                                                                                          By: Casteel

                                                                                                                       Criminal Jurisprudence

                                                                                                       Committee Report (Unamended)

 

 

 

BACKGROUND AND PURPOSE

 

Currently, judges in criminal courts can only order a defendant to jail time to collect payment of  fines and costs.  The cost of housing a defendant is often more expensive than the fines and costs assessed.  House Bill 375 will allow judges to order the payment of fines and costs through the execution of the defendant's property. 

 

RULEMAKING AUTHORITY

 

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution. 

 

ANALYSIS

 

House Bill 375 amends Article 43.03(a) of the Code of Criminal Procedure, to allow a court to order the fine and costs collected by execution against the defendant's property in the same manner as a judgment in a civil suit.

 

EFFECTIVE DATE

 

September 1, 2005.