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A BILL TO BE ENTITLED
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AN ACT
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relating to fines and court costs imposed on a child in a criminal |
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case. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 42.15, Code of Criminal Procedure, is |
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amended by amending Subsection (b) and adding Subsections (d), (e), |
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and (f) to read as follows: |
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(b) Subject to Subsections [Subsection] (c) and (d), when |
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imposing a fine and costs, a court may direct a defendant: |
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(1) to pay the entire fine and costs when sentence is |
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pronounced; |
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(2) to pay the entire fine and costs at some later |
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date; or |
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(3) to pay a specified portion of the fine and costs at |
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designated intervals. |
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(d) A judge may allow a defendant who is a child, as defined |
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by Article 45.058(h), to elect at the time of conviction, as defined |
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by Section 133.101, Local Government Code, to discharge the fine |
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and costs by: |
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(1) performing community service or receiving |
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tutoring under Article 45.0492, as added by Chapter 227 (H.B. 350), |
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Acts of the 82nd Legislature, Regular Session, 2011; or |
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(2) paying the fine and costs in a manner described by |
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Subsection (b). |
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(e) The election under Subsection (d) must be made in |
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writing, signed by the defendant, and, if present, signed by the |
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defendant's parent, guardian, or managing conservator. The court |
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shall maintain the written election as a record of the court and |
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provide a copy to the defendant. |
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(f) The requirement under Article 45.0492(a), as added by |
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Chapter 227 (H.B. 350), Acts of the 82nd Legislature, Regular |
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Session, 2011, that an offense occur in a building or on the grounds |
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of the primary or secondary school at which the defendant was |
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enrolled at the time of the offense does not apply to the |
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performance of community service or the receipt of tutoring to |
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discharge a fine or costs under Subsection (d)(1). |
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SECTION 2. Article 43.091, Code of Criminal Procedure, is |
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amended to read as follows: |
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Art. 43.091. WAIVER OF PAYMENT OF FINES AND COSTS FOR |
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INDIGENT DEFENDANTS AND CHILDREN. A court may waive payment of a |
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fine or cost imposed on a defendant who defaults in payment if the |
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court determines that: |
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(1) the defendant is indigent or was, at the time the |
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offense was committed, a child as defined by Article 45.058(h); and |
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(2) each alternative method of discharging the fine or |
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cost under Article 43.09 or 42.15 would impose an undue hardship on |
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the defendant. |
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SECTION 3. Article 45.041, Code of Criminal Procedure, is |
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amended by amending Subsection (b) and adding Subsections (b-3), |
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(b-4), and (b-5) to read as follows: |
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(b) Subject to Subsections [Subsection] (b-2) and (b-3), |
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the justice or judge may direct the defendant: |
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(1) to pay: |
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(A) the entire fine and costs when sentence is |
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pronounced; |
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(B) the entire fine and costs at some later date; |
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or |
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(C) a specified portion of the fine and costs at |
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designated intervals; |
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(2) if applicable, to make restitution to any victim |
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of the offense; and |
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(3) to satisfy any other sanction authorized by law. |
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(b-3) A judge may allow a defendant who is a child, as |
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defined by Article 45.058(h), to elect at the time of conviction, as |
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defined by Section 133.101, Local Government Code, to discharge the |
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fine and costs by: |
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(1) performing community service or receiving |
|
tutoring under Article 45.0492, as added by Chapter 227 (H.B. 350), |
|
Acts of the 82nd Legislature, Regular Session, 2011; or |
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(2) paying the fine and costs in a manner described by |
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Subsection (b). |
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(b-4) The election under Subsection (b-3) must be made in |
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writing, signed by the defendant, and, if present, signed by the |
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defendant's parent, guardian, or managing conservator. The court |
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shall maintain the written election as a record of the court and |
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provide a copy to the defendant. |
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(b-5) The requirement under Article 45.0492(a), as added by |
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Chapter 227 (H.B. 350), Acts of the 82nd Legislature, Regular |
|
Session, 2011, that an offense occur in a building or on the grounds |
|
of the primary or secondary school at which the defendant was |
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enrolled at the time of the offense does not apply to the |
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performance of community service or the receipt of tutoring to |
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discharge a fine or costs under Subsection (b-3)(1). |
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SECTION 4. Article 45.0491, Code of Criminal Procedure, is |
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amended to read as follows: |
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Art. 45.0491. WAIVER OF PAYMENT OF FINES AND COSTS FOR |
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INDIGENT DEFENDANTS AND CHILDREN. A municipal court, regardless of |
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whether the court is a court of record, or a justice court may waive |
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payment of a fine or costs imposed on a defendant who defaults in |
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payment if the court determines that: |
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(1) the defendant is indigent or was, at the time the |
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offense was committed, a child as defined by Article 45.058(h); and |
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(2) discharging the fine and costs under Article |
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45.049 or as otherwise authorized by this chapter would impose an |
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undue hardship on the defendant. |
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SECTION 5. (a) Articles 42.15 and 45.041, Code of Criminal |
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Procedure, as amended by this Act, apply only to a sentencing |
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proceeding that commences on or after the effective date of this |
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Act. |
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(b) Articles 43.091 and 45.0491, Code of Criminal |
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Procedure, as amended by this Act, apply to a sentencing proceeding |
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that commences before, on, or after the effective date of this Act. |
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SECTION 6. This Act takes effect September 1, 2013. |