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.