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