| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
| |
|
|
relating to the imposition and collection of fines, fees, and court |
|
|
costs in criminal cases. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Article 42.15(a-1), Code of Criminal Procedure, |
|
|
is amended to read as follows: |
|
|
(a-1) Notwithstanding any other provision of this article, |
|
|
during or immediately after imposing a sentence in a case in which |
|
|
the defendant entered a plea in open court as provided by Article |
|
|
27.13, 27.14(a), or 27.16(a), a court shall inquire on the record |
|
|
whether the defendant has sufficient resources or income to |
|
|
immediately pay all or part of the fine and costs. If the court |
|
|
determines that the defendant does not have sufficient resources or |
|
|
income to immediately pay all or part of the fine and costs, the |
|
|
court shall determine whether the fine and costs should be: |
|
|
(1) subject to Subsection (c), required to be paid at |
|
|
some later date or in a specified portion at designated intervals; |
|
|
(2) discharged by performing community service under, |
|
|
as applicable, Article 43.09(f), Article 45.049, Article 45.0492, |
|
|
as added by Chapter 227 (H.B. 350), Acts of the 82nd Legislature, |
|
|
Regular Session, 2011, or Article 45.0492, as added by Chapter 777 |
|
|
(H.B. 1964), Acts of the 82nd Legislature, Regular Session, 2011; |
|
|
(3) waived in full or in part under Article 43.091 or |
|
|
45.0491; or |
|
|
(4) satisfied through any combination of methods under |
|
|
Subdivisions (1)-(3). |
|
|
SECTION 2. Article 43.015(3), Code of Criminal Procedure, |
|
|
is amended to read as follows: |
|
|
(3) "Cost" includes any fee, including a reimbursement |
|
|
fee, imposed on a defendant by the court [at the time a judgment is |
|
|
entered]. |
|
|
SECTION 3. Article 45.004, Code of Criminal Procedure, is |
|
|
amended to read as follows: |
|
|
Art. 45.004. GENERAL DEFINITION. Unless the context |
|
|
clearly indicates otherwise, in [In] this chapter, "cost" includes |
|
|
any fee, including a reimbursement fee, imposed on a defendant by |
|
|
the justice or judge [at the time a judgment is entered]. |
|
|
SECTION 4. Article 103.0081, Code of Criminal Procedure, is |
|
|
amended to read as follows: |
|
|
Art. 103.0081. UNCOLLECTIBLE FINES AND FEES. (a) Any |
|
|
officer authorized by this chapter to collect a fine, reimbursement |
|
|
or other fee, or item of cost may request the trial court in which a |
|
|
criminal action or proceeding was held to make a finding that a |
|
|
fine, reimbursement or other fee, or item of cost imposed in the |
|
|
action or proceeding is uncollectible if the officer believes: |
|
|
(1) the defendant is deceased; |
|
|
(2) the defendant is serving a sentence for |
|
|
imprisonment for life or life without parole; or |
|
|
(3) the fine, reimbursement or other fee, or item of |
|
|
cost has been unpaid for at least 15 years. |
|
|
(b) On a finding by a court that any condition described by |
|
|
Subsection (a) [Subsections (a)(1)-(3)] is true, the court may |
|
|
order the officer to designate the fine, reimbursement or other |
|
|
fee, or item of cost as uncollectible in the fee record. The |
|
|
officer shall attach a copy of the court's order to the fee record. |
|
|
SECTION 5. The changes in law made by this Act apply to a |
|
|
fine, fee, or cost imposed before, on, or after the effective date |
|
|
of this Act. |
|
|
SECTION 6. This Act takes effect September 1, 2021. |
|
|
|
|
|
* * * * * |