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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) and |
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(e) 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) When imposing a fine and costs on a defendant who is a |
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child, as defined by Article 45.058(h), the court shall allow the |
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defendant to choose to discharge the fine and costs by: |
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(1) performing community service under Article |
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43.09(h); 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 defendant's choice under Subsection (d) must be made |
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in 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 enter the choice in the record and provide a copy to the |
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defendant. |
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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 is a child as defined |
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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) and |
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(b-4) 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) When imposing a fine and costs on a defendant who is a |
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child, as defined by Article 45.058(h), the court shall allow the |
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defendant to choose to discharge the fine and costs by: |
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(1) performing community service under Article |
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43.09(h); 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 defendant's choice under Subsection (b-3) must be |
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made in writing, signed by the defendant, and, if present, signed by |
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the defendant's parent, guardian, or managing conservator. The |
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court shall enter the choice in the record and provide a copy to the |
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defendant. |
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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 is a child as defined |
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by Article 45.058(h); and |
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(2) discharging the fine and costs under Article |
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45.049 would impose an undue hardship on the defendant. |
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SECTION 5. The change in law made by this Act applies only |
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to a sentencing proceeding that commences on or after the effective |
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date of this Act. A sentencing proceeding that commences before the |
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effective date of this Act is governed by the law in effect at the |
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time the proceeding commences, and the former law is continued in |
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effect for that purpose. |
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SECTION 6. This Act takes effect September 1, 2013. |