By Corte H.B. No. 2466
77R7658 GWK-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to requiring a defendant convicted of a misdemeanor to
1-3 reimburse a county for confinement expenses.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Article 42.038, Code of Criminal Procedure, is
1-6 amended to read as follows:
1-7 Art. 42.038. REIMBURSEMENT FOR CONFINEMENT EXPENSES. (a) In
1-8 addition to any fine, cost, or fee authorized by law, a court that
1-9 sentences a defendant convicted of a misdemeanor to serve a term of
1-10 confinement in county jail and orders execution of the sentence
1-11 shall [may] require the defendant to reimburse the county for the
1-12 defendant's confinement at a rate of $25 a day.
1-13 (b) A court that requires a defendant convicted of a
1-14 misdemeanor or placed on deferred adjudication for a misdemeanor to
1-15 submit to a period of confinement in county jail as a condition of
1-16 community supervision shall [may] also require as a condition of
1-17 community supervision that the defendant reimburse the county for
1-18 the defendant's confinement, with the amount of reimbursement
1-19 determined as if the defendant were serving an executed sentence.
1-20 (c) If a [A] judge [may not require reimbursement under this
1-21 article if the judge] determines that a [the] defendant is indigent
1-22 based on the defendant's sworn statement or affidavit filed with
1-23 the court, the court may not require the defendant to reimburse the
1-24 county as a condition of community supervision, but the amount of
2-1 reimbursement owed by the defendant is a debt of the defendant to
2-2 the county.
2-3 (d) A [court that requires reimbursement under this article
2-4 may require the] defendant shall [to] reimburse the county only for
2-5 those days the defendant is confined after the date of conviction
2-6 or on which a plea of guilty or nolo contendere was entered. A
2-7 [The court may not require a] defendant is not required to
2-8 reimburse the county for those days the defendant was confined
2-9 after arrest and before the date of conviction or on which the plea
2-10 of guilty or nolo contendere was entered.
2-11 [(d) The court, in determining whether to order
2-12 reimbursement under this article, shall consider:]
2-13 [(1) the defendant's employment status, earning
2-14 ability, and financial resources; and]
2-15 [(2) any other special circumstances that may affect
2-16 the defendant's ability to pay, including child support obligations
2-17 and including any financial responsibilities owed by the defendant
2-18 to dependents or restitution payments owed by the defendant to a
2-19 victim.]
2-20 (e) On the day on which a defendant [who is required to
2-21 reimburse the county under this article] discharges an executed
2-22 sentence of confinement or completes the period of confinement
2-23 required as a condition of community supervision, the sheriff shall
2-24 present to the defendant a bill computed by multiplying the daily
2-25 rate of $25 times the number of days the defendant was confined in
2-26 the county jail, not counting the day on which the execution of the
2-27 sentence or the period of confinement began. For purposes of this
3-1 subsection, a defendant who is confined in county jail for only a
3-2 portion of a day is nonetheless considered to have been confined
3-3 for the whole day.
3-4 (f) The court shall [may] require a defendant to reimburse
3-5 the county under this article by paying to the sheriff the bill
3-6 presented by the sheriff within a specified period or in specified
3-7 installments. The end of the period or the last installment may
3-8 not be later than:
3-9 (1) the end of the period of community supervision, if
3-10 community supervision is ordered; or
3-11 (2) the fifth anniversary of the last day of the term
3-12 of confinement, if the court does not order community supervision.
3-13 SECTION 2. (a) The change in law made by this Act applies
3-14 only to a defendant convicted of an offense committed on or after
3-15 the effective date of this Act. For purposes of this section, an
3-16 offense is committed before the effective date of this Act if any
3-17 element of the offense occurs before the effective date.
3-18 (b) A defendant convicted of an offense committed before
3-19 the effective date of this Act is covered by the law in effect when
3-20 the offense was committed, and the former law is continued in
3-21 effect for that purpose.
3-22 SECTION 3. This Act takes effect September 1, 2001.