1-1 AN ACT
1-2 relating to the discharge from jail of a misdemeanant who is jailed
1-3 to satisfy fines and costs.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Article 45.048, Code of Criminal Procedure, is
1-6 amended to read as follows:
1-7 Art. 45.048. DISCHARGED FROM JAIL. (a) A defendant placed
1-8 in jail on account of failure to pay the fine and costs shall be
1-9 discharged on habeas corpus by showing that the defendant:
1-10 (1) is too poor to pay the fine and costs; or
1-11 (2) has remained in jail a sufficient length of time
1-12 to satisfy the fine and costs, at the rate of not less than $100
1-13 for each period of time [day or part of a day of jail time] served,
1-14 as specified by the convicting court in the judgment in the case.
1-15 (b) A convicting court may specify a period of time that is
1-16 not less than eight hours or more than 24 hours as the period for
1-17 which a defendant who fails to pay the fines and costs in the case
1-18 must remain in jail to satisfy $100 of the fine and costs.
1-19 SECTION 2. (a) The change in law made by this Act applies
1-20 only to a defendant serving a sentence for an offense committed on
1-21 or after the effective date of this Act. For purposes of this
1-22 section, an offense is committed before the effective date of this
1-23 Act if any element of the offense occurs before the effective date.
1-24 (b) A defendant serving a sentence for an offense committed
2-1 before the effective date of this Act is covered by the law in
2-2 effect when the offense was committed, and the former law is
2-3 continued in effect for that purpose.
2-4 SECTION 3. This Act takes effect September 1, 2001.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1955 was passed by the House on May
5, 2001, by a non-record vote.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 1955 was passed by the Senate on May
22, 2001, by the following vote: Yeas 30, Nays 0, 1 present, not
voting.
_______________________________
Secretary of the Senate
APPROVED: __________________________
Date
__________________________
Governor