1-1 By: Zbranek (Senate Sponsor - Staples) H.B. No. 1955
1-2 (In the Senate - Received from the House May 7, 2001;
1-3 May 7, 2001, read first time and referred to Committee on Criminal
1-4 Justice; May 11, 2001, reported favorably by the following vote:
1-5 Yeas 5, Nays 0; May 11, 2001, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the discharge from jail of a misdemeanant who is jailed
1-9 to satisfy fines and costs.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Article 45.048, Code of Criminal Procedure, is
1-12 amended to read as follows:
1-13 Art. 45.048. DISCHARGED FROM JAIL. (a) A defendant placed
1-14 in jail on account of failure to pay the fine and costs shall be
1-15 discharged on habeas corpus by showing that the defendant:
1-16 (1) is too poor to pay the fine and costs; or
1-17 (2) has remained in jail a sufficient length of time
1-18 to satisfy the fine and costs, at the rate of not less than $100
1-19 for each period of time [day or part of a day of jail time] served,
1-20 as specified by the convicting court in the judgment in the case.
1-21 (b) A convicting court may specify a period of time that is
1-22 not less than eight hours or more than 24 hours as the period for
1-23 which a defendant who fails to pay the fines and costs in the case
1-24 must remain in jail to satisfy $100 of the fine and costs.
1-25 SECTION 2. (a) The change in law made by this Act applies
1-26 only to a defendant serving a sentence for an offense committed on
1-27 or after the effective date of this Act. For purposes of this
1-28 section, an offense is committed before the effective date of this
1-29 Act if any element of the offense occurs before the effective date.
1-30 (b) A defendant serving a sentence for an offense committed
1-31 before the effective date of this Act is covered by the law in
1-32 effect when the offense was committed, and the former law is
1-33 continued in effect for that purpose.
1-34 SECTION 3. This Act takes effect September 1, 2001.
1-35 * * * * *