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A BILL TO BE ENTITLED
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AN ACT
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relating to alternative means of payment of certain fines. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Chapter 103, Code of Criminal |
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Procedure, is amended to read as follows: |
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CHAPTER 103. PAYMENT, COLLECTION, AND RECORDKEEPING |
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SECTION 2. Chapter 103, Code of Criminal Procedure, is |
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amended by adding Article 103.0025 to read as follows: |
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Art. 103.0025. ALTERNATIVE PAYMENT PROCEDURE FOR CERTAIN |
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FINES. (a) This article applies only to payment of: |
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(1) a fine and court costs associated with the alleged |
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commission of a Class C misdemeanor by a defendant; and |
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(2) a judgment for fines and court costs of a defendant |
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convicted of any offense, if a capias pro fine has been issued in |
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the case. |
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(b) Notwithstanding any other provision of law, the court |
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may adopt an alternative procedure for collecting an outstanding |
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payment described by Subsection (a). Under the procedure, a peace |
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officer making an arrest of a defendant: |
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(1) shall inform the arrested person of: |
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(A) the possibility of making an immediate |
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payment of the fine and related court costs by use of a credit or |
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debit card; and |
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(B) the arrested person's available alternatives |
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to making an immediate payment; and |
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(2) may accept, on behalf of the court, the arrested |
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person's immediate payment of the fine and related court costs by |
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use of a credit or debit card, after which the peace officer must |
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release the person. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2013. |