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A BILL TO BE ENTITLED
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AN ACT
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relating to a defendant's discharge of fines and costs through |
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confinement in jail or community service. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 45.041, Code of Criminal Procedure, is |
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amended by amending Subsection (b) and adding Subsection (b-2a) to |
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read as follows: |
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(b) Subject to Subsections (b-2), (b-2a), and (b-3), the |
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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-2a) If in imposing a fine and costs the justice or judge |
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determines that the defendant has insufficient resources or income |
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to pay the fine or costs, the justice or judge shall permit the |
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defendant to elect to discharge all or part of the fine or costs by |
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performing community service as provided by Article 45.049. |
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SECTION 2. Article 45.046, Code of Criminal Procedure, is |
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amended by amending Subsection (a) and adding Subsection (a-1) to |
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read as follows: |
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(a) When a judgment and sentence have been entered against a |
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defendant and the defendant defaults in the discharge of the |
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judgment, the judge may order the defendant confined in jail until |
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discharged by law only if: |
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(1) the total amount of the fine and costs that remains |
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unpaid is greater than $100; and |
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(2) the judge at a hearing makes a written |
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determination that: |
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(A) [(1)] the defendant is not indigent and has |
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failed to make a good faith effort to discharge the fine and costs; |
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or |
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(B) [(2)] the defendant is indigent and: |
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(i) [(A)] has failed to make a good faith |
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effort to discharge the fines and costs under Article 45.049; and |
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(ii) [(B)] could have discharged the fines |
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and costs under Article 45.049 without experiencing any undue |
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hardship. |
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(a-1) The judge may not permit a defendant to voluntarily |
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discharge a fine or costs through confinement in jail unless the |
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conditions under Subsection (a) are met. |
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SECTION 3. Article 45.049, Code of Criminal Procedure, is |
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amended by amending Subsections (a), (b), and (c) and adding |
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Subsections (a-1) and (a-2) to read as follows: |
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(a) A justice or judge may require a defendant who fails to |
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pay a previously assessed fine or costs, or who is determined by the |
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court to have insufficient resources or income to pay a fine or |
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costs, to discharge all or part of the fine or costs by performing |
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community service. |
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(a-1) At sentencing, a defendant to whom Article |
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45.041(b-2a) applies may elect to perform community service under |
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this article to discharge all or part of the fine or costs assessed |
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in the case. |
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(a-2) A defendant may discharge an obligation to perform |
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community service under this article by paying at any time the fine |
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and costs assessed. |
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(b) In the justice's or judge's order requiring or |
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permitting a defendant to participate in community service work |
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under this article, the justice or judge must specify the number of |
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hours the defendant is required to work. |
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(c) The justice or judge may order the defendant, or the |
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defendant may elect under Subsection (a-1), to perform community |
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service work under this article only for a governmental entity or a |
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nonprofit organization that provides services to the general public |
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that enhance social welfare and the general well-being of the |
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community. A governmental entity or nonprofit organization that |
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accepts a defendant under this article to perform community service |
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must agree to supervise the defendant in the performance of the |
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defendant's work and report on the defendant's work to the justice |
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or judge who ordered the community service. |
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SECTION 4. (a) Articles 45.041 and 45.049, 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) Article 45.046, Code of Criminal Procedure, as amended |
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by this Act, applies only to a default in payment that occurs on or |
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after the effective date of this Act. |
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SECTION 5. This Act takes effect September 1, 2017. |