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By: Fletcher, et al. (Senate Sponsor - Whitmire) |
H.B. No. 121 |
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(In the Senate - Received from the House May 5, 2015; |
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May 6, 2015, read first time and referred to Committee on Criminal |
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Justice; May 13, 2015, reported favorably by the following vote: |
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Yeas 6, Nays 1; May 13, 2015, sent to printer.) |
| Click here to see the committee vote |
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A BILL TO BE ENTITLED
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AN ACT
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relating to an alternative means of payment of certain past due |
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criminal fines and court costs. |
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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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PAST DUE FINES AND COSTS. (a) This article applies to a |
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defendant's past due payment on a judgment for a fine and related |
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court costs if a capias pro fine has been issued in 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 a past due |
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payment described by Subsection (a). Under the procedure, a peace |
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officer who executes a capias pro fine or who is authorized to |
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arrest a defendant on other grounds and knows that the defendant |
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owes a past due payment described by Subsection (a): |
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(1) shall inform the defendant 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 defendant's available alternatives to |
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making an immediate payment; and |
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(2) may accept, on behalf of the court, the defendant's |
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immediate payment of the fine and related court costs by use of a |
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credit or debit card, after which the peace officer may release the |
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defendant as appropriate based on the officer's authority for the |
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arrest. |
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(c) A peace officer accepting a payment under Subsection |
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(b)(2) may also accept payment for fees for the issuance and |
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execution of the capias pro fine. |
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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, 2015. |
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