79R1346 KCR-D

By:  Shapleigh                                                    S.B. No. 463



A BILL TO BE ENTITLED

AN ACT

relating to the discharge of certain costs and fines in a criminal 
case.    
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Articles 43.09(a) and (k), Code of Criminal 
Procedure, are amended to read as follows:
	(a)  When a defendant is convicted of a misdemeanor and the 
defendant's [his] punishment is assessed at a pecuniary fine or is 
confined in a jail after conviction of a felony for which a fine is 
imposed, if the defendant [he] is unable to pay the fine and costs 
adjudged against the defendant [him], the defendant [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, the defendant [he] shall be confined in jail 
for a sufficient length of time to discharge the full amount of fine 
and costs adjudged against the defendant [him]; rating such 
confinement at $200 [$50] for each day and rating such labor at $200 
[$50] for each day; provided, however, that the defendant may pay 
the pecuniary fine assessed against the defendant [him] at any time 
while the defendant [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 the defendant [he] is serving the defendant's [his] jail 
sentence, and in such instances the defendant [he] shall be 
entitled to the credit [he has] earned under this subsection during 
the time that the defendant [he] has served and the defendant [he] 
shall only be required to pay the [his] balance of the pecuniary 
fine assessed against the defendant [him].  A defendant who 
performs labor under this article during a day in which the 
defendant [he] is confined is entitled to both the credit for 
confinement and the credit for labor provided by this article.
	(k)  A defendant is considered to have discharged $200 [$100] 
of fines or costs for each eight hours of community service 
performed under Subsection (f) of this article.
	SECTION 2.  Article 45.048, Code of Criminal Procedure, is 
amended to read as follows:
	Art. 45.048.  DISCHARGED FROM JAIL.  (a)  A defendant placed 
in jail on account of failure to pay the fine and costs shall be 
discharged on habeas corpus by showing that the defendant:
		(1)  is too poor to pay the fine and costs; or                                
		(2)  has remained in jail a sufficient length of time to 
satisfy the fine and costs, as permitted by Subsection (b).
	(b)  A defendant described by Subsection (a) may, by 
remaining in jail, satisfy the fine and costs at the rate of not 
less than $200 [$50] for each period of time served, as specified by 
the convicting court under Subsection (c) [in the judgment in the 
case].
	(c)  In the judgment in the case, the [(b)  A] convicting 
court may specify a period of time that is not less than eight hours 
or more than 24 hours as the period for which a defendant [who fails 
to pay the fines and costs in the case] must remain in jail to 
satisfy [$50 of] the fine and costs under this article.
	SECTION 3.  Article 45.049(e), Code of Criminal Procedure, 
is amended to read as follows:
	(e)  A defendant is considered to have discharged not less 
than $200 [$50] of fines or costs for each eight hours of community 
service performed under this article.
	SECTION 4.  The change in law made by this Act applies only 
to the discharge of court costs incurred or a fine imposed on 
conviction for a criminal offense that is committed on or after 
September 1, 2005.  The discharge of court costs incurred or a fine 
imposed on conviction for a criminal offense that is committed 
before September 1, 2005, is governed by the law in effect at the 
time the offense was committed, and that law is continued in effect 
for that purpose.  For purposes of this section, an offense is 
committed before September 1, 2005, if any element of the offense 
occurs before that date.
	SECTION 5.  This Act takes effect September 1, 2005.