AN ACT
 1-1     relating to a misdemeanant's liability for the cost of confinement
 1-2     in a county jail.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1.  Chapter 42, Code of Criminal Procedure, is
 1-5     amended by adding Article 42.038 to read as follows:
 1-6           Art. 42.038.  REIMBURSEMENT FOR CONFINEMENT EXPENSES.
 1-7     (a)  In addition to any fine, cost, or fee authorized by law, a
 1-8     court that sentences a defendant convicted of a misdemeanor to
 1-9     serve a term of confinement in county jail and orders execution of
1-10     the sentence may require the defendant to reimburse the county for
1-11     the defendant's confinement at a rate of $25 a day.
1-12           (b)  A court that requires a defendant convicted of a
1-13     misdemeanor or placed on deferred adjudication for a misdemeanor to
1-14     submit to a period of confinement in county jail as a condition of
1-15     community supervision may also require as a condition of community
1-16     supervision that the defendant reimburse the county for the
1-17     defendant's confinement, with the amount of reimbursement
1-18     determined as if the defendant were serving an executed sentence.
1-19           (c)  A judge may not require reimbursement under this article
1-20     if the judge determines the defendant is indigent based on the
1-21     defendant's sworn statement or affidavit filed with the court.  A
1-22     court that requires reimbursement under this article may require
1-23     the defendant to reimburse the county only for those days the
1-24     defendant is confined after the date of conviction or on which a
 2-1     plea of guilty or nolo contendere was entered.  The court may not
 2-2     require a defendant to reimburse the county for those days the
 2-3     defendant was confined after arrest and before the date of
 2-4     conviction or on which the plea of guilty or nolo contendere was
 2-5     entered.
 2-6           (d)  The court, in determining whether to order reimbursement
 2-7     under this article, shall consider:
 2-8                 (1)  the defendant's employment status, earning
 2-9     ability, and financial resources; and
2-10                 (2)  any other special circumstances that may affect
2-11     the defendant's ability to pay, including child support obligations
2-12     and including any financial responsibilities owed by the defendant
2-13     to dependents or restitution payments owed by the defendant to a
2-14     victim.
2-15           (e)  On the day on which a defendant who is required to
2-16     reimburse the county under this article discharges an executed
2-17     sentence of confinement or completes the period of confinement
2-18     required as a condition of community supervision, the sheriff shall
2-19     present to the defendant a bill computed by multiplying the daily
2-20     rate of $25 times the number of days the defendant was confined in
2-21     the county jail, not counting the day on which the execution of the
2-22     sentence or the period of confinement began.  For purposes of this
2-23     subsection, a defendant who is confined in county jail for only a
2-24     portion of a day is nonetheless considered to have been confined
2-25     for the whole day.
2-26           (f)  The court may require a defendant to reimburse the
 3-1     county under this article by paying to the sheriff the bill
 3-2     presented by the sheriff within a specified period or in specified
 3-3     installments.  The end of the period or the last installment may
 3-4     not be later than:
 3-5                 (1)  the end of the period of community supervision, if
 3-6     community supervision is ordered; or
 3-7                 (2)  the fifth anniversary of the last day of the term
 3-8     of confinement, if the court does not order community supervision.
 3-9           SECTION 2.  Subsection (b), Section 2, Article 42.22, Code of
3-10     Criminal Procedure, is amended to read as follows:
3-11           (b)  The state also has a restitution lien to secure the:
3-12                 (1)  amount of fines or costs entered against a
3-13     defendant in the judgment in a felony criminal case; and
3-14                 (2)  amount of reimbursement for costs of confinement
3-15     ordered under Article 42.038.
3-16           SECTION 3.  (a)  The change in law made by this Act applies
3-17     only to reimbursement for a day on or after the effective date of
3-18     this Act during which a defendant is confined in county jail.
3-19           (b)  Reimbursement for a day before the effective date of
3-20     this Act during which the defendant is confined in county jail is
3-21     covered by the law in effect on the day of confinement, and the
3-22     former law is continued in effect for that purpose.
3-23           SECTION 4.  This Act takes effect September 1, 1999.
         _______________________________     _______________________________
             President of the Senate              Speaker of the House
               I hereby certify that S.B. No. 1276 passed the Senate on
         April 29, 1999, by a viva-voce vote; and that the Senate concurred
         in House amendments on May 11, 1999, by the following vote:
         Yeas 21, Nays 7.
                                             _______________________________
                                                 Secretary of the Senate
               I hereby certify that S.B. No. 1276 passed the House, with
         amendments, on May 8, 1999, by a non-record vote.
                                             _______________________________
                                                 Chief Clerk of the House
         Approved:
         _______________________________
                     Date
         _______________________________
                   Governor