78R6360 KEL-F
By: Keel H.B. No. 2191
A BILL TO BE ENTITLED
AN ACT
relating to improving the collection of costs, fees, fines, and
restitution in criminal cases.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 103, Code of Criminal Procedure, is
amended by adding Article 103.014 to read as follows:
Art. 103.014. COLLECTION INFORMATION REPORTS. (a) Not
later than March 1 of each year, the county treasurer of each
county, or the person authorized to perform the duties of the county
treasurer, shall file with the Office of Court Administration of
the Texas Judicial System in a form required by that office a
collection information report reflecting collections data and
information for criminal cases disposed of in the courts of the
county during the preceding county fiscal year.
(b) Not later than March 1 of each year, the governing body
of each municipality shall file with the Office of Court
Administration of the Texas Judicial System in a form required by
that office a collection information report reflecting collections
data and information for criminal cases disposed of in municipal
courts during the preceding municipal fiscal year.
SECTION 2. Article 103.0032, Code of Criminal Procedure, is
amended to read as follows:
Art. 103.0032. COLLECTION IMPROVEMENT PROGRAMS [PLANS].
Not later than January 1 of each even-numbered year, the Office of
Court Administration of the Texas Judicial System may award grants
to counties and municipalities to develop [prepare] a collections
program [collection plan]. The grants shall reimburse the county
or municipality for the cost of developing and implementing
[preparing] the program [plan]. The program [plan] shall consist
of [provide] methods to improve the in-house collection of court
costs, fees, and fines imposed in criminal cases, including at the
option of the governing body of the county or municipality, the
establishment of an in-house collections department to aid in the
collection of delinquent fines, court costs, restitution, taxes, or
other accounts receivable due the county or municipality. The
Office of Court Administration of the Texas Judicial System may
require that the county or municipality reimburse the state from
the additional collections as a condition of the grant.
SECTION 3. Article 103.0031(b), Code of Criminal Procedure,
is amended to read as follows:
(b)(1) A commissioners court or governing body of a
municipality that enters into a contract with a private attorney or
private vendor under this article may authorize the addition of
collection fees in the amount of 30 percent on each debt or account
receivable that is more than 60 days past due and has been referred
to the attorney or vendor for collection.
(2) The governing body of a county or municipality
that has established an in-house collections department as
described by Article 103.0032 may authorize the addition of
collection fees to each debt or account receivable that is
delinquent. The collection fee must be:
(A) equal to the actual cost to the governing
body making the collection, not to exceed the amount of 15 percent
of the past due debt; and
(B) assessed by an order of the court that:
(i) places the defendant on bench probation
as described by Article 43.03 and requires the immediate payment of
all amounts due; or
(ii) places the defendant in the custody of
the sheriff to satisfy the judgment according to Article 43.09.
SECTION 4. Article 43.03, Code of Criminal Procedure, is
amended by amending Subsection (a) and by adding Subsection (e) to
read as follows:
(a) If a defendant is sentenced to pay a fine, [or] costs, or
restitution [both] and the defendant defaults in payment according
to the terms of the judgment or a payment agreement established by
an in-house collections department described by Article 103.0032,
the court, after a hearing under Subsection (d) of this article and
after the filing of a sworn default report from the in-house
collections department, may order the issuance of a capias for the
arrest of the defendant for confinement [confined] in jail until
discharged as provided by law. The court [,] may order the
defendant to discharge the fines and costs in any other manner
provided by Article 43.09 of this code, or may waive payment of the
fines and costs as provided by Article 43.091. The default report
must contain any explanation concerning the defendant's failure to
pay [A certified copy of the judgment, sentence, and order is
sufficient to authorize confinement under this subsection].
(e) The court may order the defendant placed on bench
probation for the purpose of enforcing the payment of fines and
restitution and until the date that the payment of all fines and
restitution is satisfied. The clerk of the court shall notify the
defendant of the order. The court or the in-house collections
department as ordered by the court shall supervise the bench
probation, beginning at the applicable hearing. In this
subsection, "bench probation" means the period of supervision that
results from the defendant's failure to comply with the court's
judgment or the agreement to pay established by an in-house
collections department described by Article 103.0032.
SECTION 5. Article 43.09(a), Code of Criminal Procedure, is
amended to read as follows:
(a) When a defendant is convicted of a misdemeanor or felony
and a part of the [his] punishment includes [is assessed at] a
pecuniary fine, court costs, and restitution [or is confined in a
jail after conviction of a felony for which a fine is imposed], if
he is unable to pay the fine, [and] costs, and restitution adjudged
against him, he may for such time as will satisfy the judgment be
put to work in the county jail industries program, in the workhouse,
or on the county farm, or public improvements and maintenance
projects of the county or a political subdivision located in whole
or in part in the county, as provided in the succeeding article; or
if there be no such county jail industries program, workhouse,
farm, or improvements and maintenance projects, he shall be
confined in jail for a sufficient length of time to discharge the
full amount of fine and costs adjudged against him; rating such
confinement at $50 for each day and rating such labor at $50 for
each day; provided, however, that the defendant may pay the
pecuniary fine assessed against him at any time while he is serving
at work in the county jail industries program, in the workhouse, or
on the county farm, or on the public improvements and maintenance
projects of the county or a political subdivision located in whole
or in part in the county, or while he is serving his jail sentence,
and in such instances he shall be entitled to the credit he has
earned under this subsection during the time that he has served and
he shall only be required to pay his balance of the pecuniary fine
assessed against him. A defendant who performs labor under this
article during a day in which he is confined is entitled to both the
credit for confinement and the credit for labor provided by this
article.
SECTION 6. Article 43.12, Code of Criminal Procedure, is
amended to read as follows:
Art. 43.12. CAPIAS FOR CONFINEMENT. A capias issued for the
arrest and commitment of one convicted of a misdemeanor or a felony,
the penalty of which or any part thereof is a fine, shall recite the
judgment and sentence and command the sheriff to immediately bring
the defendant before the court; and this writ shall be sufficient
to authorize the sheriff to place the defendant in jail until the
defendant appears before the court.
SECTION 7. Article 43.13(b), Code of Criminal Procedure, is
amended to read as follows:
(b) A defendant convicted of a misdemeanor or a felony and
sentenced to a term of confinement of more than 30 days discharges
the defendant's sentence at any time between the hours of 6 a.m. and
7 p.m. on the day of discharge.
SECTION 8. Section 507.032, Government Code, is amended to
read as follows:
Sec. 507.032. IDENTIFICATION OF DEFENDANTS SUBJECT TO
ARREST WARRANT AND NOTICE OF RELEASE. (a) Before a defendant is
released from confinement in a state jail felony facility, the
department shall conduct a criminal history record check to
determine whether the defendant is the subject of an arrest
warrant. In conducting the criminal history record check, the
department shall allow sufficient time for compliance with any
requirements related to notifying the proper authorities of the
defendant's release and, if necessary, processing a demand for
extradition of the defendant.
(b) Not later than the llth day before the date an inmate is
released from a state jail facility, the department shall give
notice in accordance with Subsection (c) to:
(1) the sheriff of the county in which the inmate was
convicted;
(2) the attorney who represents the state in the
prosecution of felonies in the county in which the inmate was
convicted; and
(3) the district judge and the clerk of the court in
the county of conviction.
(c) The notice must state:
(1) the inmate's name;
(2) the county in which the inmate was convicted; and
(3) the offense for which the inmate was convicted.
(d) On a determination by the convicting county that the
inmate has failed to satisfy the terms of the judgment or sentence,
including the payment of all fines, costs, and restitution, the
county of conviction may request the department to release the
inmate to the custody of the sheriff of the convicting county for
return to the county not earlier than five working days before the
anticipated date of release to satisfy the terms of the judgment or
sentence or to make comparable arrangements with respect to the
judgment or sentence at the discretion of the court. The county of
conviction may use the collection process described by Article
43.09, Code of Criminal Procedure. If the convicting county has an
in-house collections department, the court may direct the inmate be
delivered to the collections officer of the county for
determination of the inmate's ability to pay or to establish a
payment agreement.
SECTION 9. Section 508.115, Government Code, is amended by
amending Subsections (a)-(c) and adding Subsections (e) and (f) to
read as follows:
(a) Not later than the 11th day before the date a parole
panel orders the release on parole of an inmate or not later than
the 11th day after the date the board recommends that the governor
grant executive clemency, the division shall notify the sheriffs,
each chief of police, the prosecuting attorneys, [and] the district
judges, and the clerk of the convicting court in the county in which
the inmate was convicted and the county to which the inmate is
released that a parole panel is considering release on parole or the
governor is considering clemency.
(b) In a case in which there was a change of venue, the
division shall notify the sheriff, the prosecuting attorney, [and]
the district judge, and the clerk of the court in the county in
which the prosecution was originated if, not later than the 30th day
after the date the inmate was sentenced, those officials request in
writing that the division give the officials notice under this
section of a release of the inmate.
(c) Not later than the 10th day after the date a parole panel
orders the transfer of an inmate to a halfway house under this
chapter, the division shall give notice in accordance with
Subsection (d) to:
(1) the sheriff of the county in which the inmate was
convicted;
(2) the sheriff of the county in which the halfway
house is located and each chief of police in the county; [and]
(3) the attorney who represents the state in the
prosecution of felonies in the county in which the halfway house is
located; and
(4) the district judge and clerk of the court in the
county of conviction.
(e) Notice to the district judge and clerk of the court in
the county of conviction must be made by certified mail, return
receipt requested.
(f) On a determination by the convicting county that the
inmate has failed to satisfy the terms of the judgment or sentence,
including payment of all fines and costs and payment or restitution
required to be paid under Article 42.037(h), Code of Criminal
Procedure, the county of conviction may request the board to
release the inmate to the custody of the sheriff of the convicting
county for return to the county not earlier than five working days
before the anticipated date of release to satisfy the terms of the
judgment or sentence or to make comparable arrangements with
respect to the judgment or sentence at the discretion of the court.
The county of conviction may use the collection process described
by Article 43.09, Code of Criminal Procedure. If the convicting
county has an in-house collections department, the court may direct
the inmate be delivered to the collections officer of the county for
determination of the inmate's ability to pay or to establish a
payment agreement.
SECTION 10. Section 508.156, Government Code, is amended by
adding Subsection (g) to read as follows:
(g) By certified mail, return receipt requested, the panel
shall notify the convicting county of the anticipated release of an
inmate not later than the 11th day before the anticipated date of
release.
SECTION 11. Subchapter F, Chapter 508, Government Code, is
amended by adding Section 508.192 to read as follows:
Sec. 508.192. UNPAID COURT COSTS. A parole panel shall
require as a condition of parole or mandatory supervision that a
releasee pay to the county in which the inmate was convicted any
unpaid fine, if assessed, and all unpaid court costs. The releasee
may be required to make the payments in one payment or periodic
payments as set by the convicting court or an in-house collections
department established by the convicting county.
SECTION 12. This Act takes effect immediately if it
receives a vote of two-thirds of all the members elected to each
house, as provided by Section 39, Article III, Texas Constitution.
If this Act does not receive the vote necessary for immediate
effect, this Act takes effect September 1, 2003.