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A BILL TO BE ENTITLED
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AN ACT
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relating to payment of misdemeanor warrants and capias pro fine |
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warrants. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 17.20, Code of Criminal Procedure is |
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amended to read as follows: |
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Art. 17.20. BAIL IN MISDEMEANOR. In cases of misdemeanor, |
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the sheriff or other peace officer, or a jailer licensed under |
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Chapter 1701, Occupations Code, [may] whether during the term of |
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the court or in vacation, where the officer has a defendant in |
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custody, may: |
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(a) take of the defendant a bail bond; or |
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(b) unless the defendant, after being advised that he or she |
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may contest the case in court, request deferred adjudication if |
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qualified, or if indigent, do community service for payment of the |
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fine, costs and fees, may pay said fine, costs and fees by use of a |
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valid credit card or valid debit card, whereupon the warrant shall |
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be withdrawn and the defendant released. |
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SECTION 2. Art. 45.045, Code of Criminal Procedure is |
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amended to read as follows: |
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Art. 45.045. CAPIAS PRO FINE. (a) If the defendant is not |
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in custody when the judgment is rendered or if the defendant fails |
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to satisfy the judgment according to its terms, the court may order |
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a capias pro fine, as defined by Article 43.015, issued for the |
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defendant's arrest. The capias pro fine shall state the amount of |
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the judgment and sentence, and command the appropriate peace |
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officer to bring the defendant before the court immediately or |
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place the defendant in jail until the business day following the |
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date of the defendant's arrest if the defendant cannot be brought |
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before the court immediately, unless the defendant may choose to |
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pay the fines and court costs set forth in the warrant of arrest and |
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the warrant fee and other applicable fees by use of a valid credit |
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card or valid debit card, whereupon the warrant shall be withdrawn |
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and the defendant released. |
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(b) A capias pro fine may not be issued for an individual |
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convicted for an offense committed before the individual's 17th |
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birthday unless: |
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(1) the individual is 17 years of age or older; |
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(2) the court finds that the issuance of the capias pro |
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fine is justified after considering: |
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(A) the sophistication and maturity of the |
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individual; |
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(B) the criminal record and history of the |
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individual; and |
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(C) the reasonable likelihood of bringing about |
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the discharge of the judgment through the use of procedures and |
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services currently available to the court; and |
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(3) the court has proceeded under Article 45.050 to |
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compel the individual to discharge the judgment. |
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(c) This article does not limit the authority of a court to |
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order a child taken into custody under Article 45.058 or 45.059. |
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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. |