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A BILL TO BE ENTITLED
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AN ACT
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relating to the collection of fines and costs imposed in a criminal |
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case following a defendant's default in payment. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 43.03(a), Code of Criminal Procedure, is |
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amended to read as follows: |
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(a) If a defendant is sentenced to pay a fine or costs or |
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both and the defendant defaults in payment, the court may order the |
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fine and costs collected by execution against the defendant's |
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property in the same manner as a judgment in a civil suit or, after a |
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hearing under Subsection (d), [of this article] may order the |
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defendant confined in jail until discharged as provided by law, may |
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order the defendant to discharge the fines and costs in any other |
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manner provided by Article 43.09 [of this code], or may waive |
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payment of the fines and costs as provided by Article 43.091. A |
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certified copy of the judgment, sentence, and order is sufficient |
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to authorize confinement under this subsection. |
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SECTION 2. The change in law made by this Act applies only |
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to a defendant who is sentenced to pay a fine or costs for an offense |
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committed on or after the effective date of this Act. A defendant |
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who is sentenced to pay a fine or costs for an offense committed |
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before the effective date of this Act is covered by the law in |
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effect when the offense was committed, and the former law is |
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continued in effect for that purpose. For purposes of this section, |
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an offense was committed before the effective date of this Act if |
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any element of the offense occurred before that date. |
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SECTION 3. This Act takes effect September 1, 2009. |