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A BILL TO BE ENTITLED
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AN ACT
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relating to credit toward payment of fines and costs for certain |
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defendants. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Articles 43.09(a) and (k), Code of Criminal |
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Procedure, are amended to read as follows: |
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(a) When a defendant is convicted of a misdemeanor and the |
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defendant's punishment is assessed at a pecuniary fine or is |
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confined in a jail after conviction of a felony for which a fine is |
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imposed, if the defendant is unable to pay the fine and costs |
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adjudged against the defendant, the defendant may for such time as |
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will satisfy the judgment be put to work in the county jail |
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industries program, in the workhouse, or on the county farm, or |
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public improvements and maintenance projects of the county or a |
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political subdivision located in whole or in part in the county, as |
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provided in Article 43.10; or if there is no such county jail |
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industries program, workhouse, farm, or improvements and |
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maintenance projects, the defendant shall be confined in jail for a |
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sufficient length of time to discharge the full amount of fine and |
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costs adjudged against the defendant; rating such confinement at |
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$150 [$100] for each day and rating such labor at $150 [$100] for |
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each day; provided, however, that the defendant may pay the |
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pecuniary fine assessed against the defendant at any time while the |
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defendant is serving at work in the county jail industries program, |
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in the workhouse, or on the county farm, or on the public |
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improvements and maintenance projects of the county or a political |
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subdivision located in whole or in part in the county, or while the |
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defendant is serving the defendant's jail sentence, and in such |
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instances the defendant is entitled to the credit earned under this |
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subsection during the time that the defendant has served and the |
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defendant shall only be required to pay the balance of the pecuniary |
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fine assessed against the defendant. A defendant who performs labor |
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under this article during a day in which the defendant is confined |
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is entitled to both the credit for confinement and the credit for |
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labor provided by this article. |
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(k) A defendant is considered to have discharged $150 [$100] |
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of fines or costs for each eight hours of community service |
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performed under Subsection (f) of this article. |
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SECTION 2. Article 45.041(c-1), Code of Criminal Procedure, |
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is amended to read as follows: |
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(c-1) In addition to credit under Subsection (c), in |
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imposing a fine and costs in a case involving a misdemeanor |
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punishable by a fine only, the justice or judge shall credit the |
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defendant for any time the defendant was confined in jail or prison |
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while awaiting trial or serving a sentence for another offense if |
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that confinement occurred after the commission of the misdemeanor. |
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The credit under this subsection shall be applied to the amount of |
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the fine and costs at the rate of not less than $150 for each day of |
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confinement. |
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SECTION 3. Article 45.049(e), Code of Criminal Procedure, |
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is amended to read as follows: |
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(e) A defendant is considered to have discharged not less |
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than $150 [$100] of fines or costs for each eight hours of community |
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service performed under this article. |
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SECTION 4. Article 45.0492(g), Code of Criminal Procedure, |
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as added by Chapter 227 (H.B. 350), Acts of the 82nd Legislature, |
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Regular Session, 2011, is amended to read as follows: |
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(g) A defendant is considered to have discharged not less |
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than $150 [$100] of fines or costs for each eight hours of community |
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service performed under this article. |
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SECTION 5. Article 45.0492(h), Code of Criminal Procedure, |
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as added by Chapter 777 (H.B. 1964), Acts of the 82nd Legislature, |
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Regular Session, 2011, is amended to read as follows: |
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(h) A defendant is considered to have discharged not less |
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than $150 [$100] of fines or costs for each eight hours of community |
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service performed under this article. |
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SECTION 6. Article 43.09(a), Code of Criminal Procedure, as |
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amended by this Act, applies to a defendant who is confined or |
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performs labor to discharge fines or costs on or after the effective |
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date of this Act, regardless of whether the offense for which the |
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fines or costs were imposed occurred before, on, or after the |
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effective date of this Act. |
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SECTION 7. The changes in law made by this Act to Articles |
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43.09(k) and 45.049(e), Code of Criminal Procedure, Article |
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45.0492(g), Code of Criminal Procedure, as added by Chapter 227 |
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(H.B. 350), Acts of the 82nd Legislature, Regular Session, 2011, |
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and Article 45.0492(h), Code of Criminal Procedure, as added by |
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Chapter 777 (H.B. 1964), Acts of the 82nd Legislature, Regular |
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Session, 2011, apply to a defendant who performs community service |
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to discharge fines or costs on or after the effective date of this |
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Act, regardless of whether the offense for which the fines or costs |
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were imposed occurred before, on, or after the effective date of |
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this Act. |
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SECTION 8. Article 45.041(c-1), Code of Criminal Procedure, |
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as amended by this Act, applies to a defendant who is sentenced for |
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an offense on or after the effective date of this Act, regardless of |
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whether the offense was committed before, on, or after that date. |
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SECTION 9. This Act takes effect September 1, 2023. |