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R E S O L U T I O N
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BE IT RESOLVED by the House of Representatives of the State of |
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Texas, 85th Legislature, Regular Session, 2017, That House Rule 13, |
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Section 9(a), be suspended in part as provided by House Rule 13, |
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Section 9(f), to enable the conference committee appointed to |
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resolve the differences on Senate Bill 1913 (the administrative, |
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civil, and criminal consequences, including fines, fees, and costs, |
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imposed on persons arrested for, charged with, or convicted of |
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certain criminal offenses) to consider and take action on the |
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following matters: |
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(1) House Rule 13, Sections 9(a)(1) and (2), are suspended |
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to permit the committee to amend and omit text not in disagreement |
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in SECTION 5 of the bill, in added Articles 43.05(a-1) and (a-2), |
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Code of Criminal Procedure, to read as follows: |
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(a-1) A court may not issue a capias pro fine for the |
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defendant's failure to satisfy the judgment according to its terms |
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unless the court holds a hearing on the defendant's ability to |
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satisfy the judgment and: |
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(1) the defendant fails to appear at the hearing; or |
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(2) based on evidence presented at the hearing, the |
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court determines that the capias pro fine should be issued. |
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(a-2) The court shall recall a capias pro fine if, before |
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the capias pro fine is executed: |
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(1) the defendant voluntarily appears to resolve the |
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amount owed; and |
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(2) the amount owed is resolved in any manner |
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authorized by this code. |
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Explanation: This change is necessary to clarify the |
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circumstances in which a court may issue or shall recall a capias |
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pro fine. |
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(2) House Rule 13, Section 9(a)(2), is suspended to permit |
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the committee to omit text not in disagreement in SECTION 7 of the |
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bill, in amended Article 43.091, Code of Criminal Procedure, to |
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read as follows: |
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Art. 43.091. WAIVER OF PAYMENT OF FINES AND COSTS FOR |
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CERTAIN [INDIGENT] DEFENDANTS AND FOR CHILDREN. A court may waive |
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payment of all or part of a fine or costs [cost] imposed on a |
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defendant [who defaults in payment] if the court determines that: |
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(1) the defendant is indigent or does not have |
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sufficient resources or income to pay all or part of the fine or |
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costs or was, at the time the offense was committed, a child as |
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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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Explanation: This change is necessary to remove unnecessary |
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and duplicative language. |
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(3) House Rule 13, Sections 9(a)(1) and (2), are suspended |
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to permit the committee to amend and omit text not in disagreement |
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in SECTION 8 of the bill, in added Article 45.014(e), Code of |
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Criminal Procedure, to read as follows: |
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(e) A justice or judge may not issue an arrest warrant for |
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the defendant's failure to appear at the initial court setting, |
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including failure to appear as required by a citation issued under |
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Article 14.06(b), unless: |
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(1) the justice or judge provides by telephone or |
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regular mail to the defendant notice that includes: |
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(A) a date and time, occurring within the 30-day |
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period following the date that notice is provided, when the |
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defendant must appear before the justice or judge; |
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(B) the name and address of the court with |
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jurisdiction in the case; |
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(C) information regarding alternatives to the |
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full payment of any fine or costs owed by the defendant, if the |
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defendant is unable to pay that amount; and |
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(D) an explanation of the consequences if the |
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defendant fails to appear before the justice or judge as required by |
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this article; and |
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(2) the defendant fails to appear before the justice |
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or judge as required by this article. |
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Explanation: This change is necessary to clarify and simplify |
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the limitation on a justice or judge's authority to issue an arrest |
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warrant for a defendant's failure to appear. |
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(4) House Rule 13, Section 9(a)(1), is suspended to permit |
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the committee to amend text not in disagreement in SECTION 9 of the |
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bill, in added Article 45.016(b), Code of Criminal Procedure, to |
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read as follows: |
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(b) The justice or judge may not, either instead of or in |
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addition to the personal bond, require a defendant to give a bail |
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bond unless: |
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(1) the defendant fails to appear in accordance with |
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this code with respect to the applicable offense; and |
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(2) the justice or judge determines that: |
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(A) the defendant has sufficient resources or |
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income to give a bail bond; and |
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(B) a bail bond is necessary to secure the |
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defendant's appearance in accordance with this code. |
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Explanation: This change is necessary to clarify the |
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circumstances in which a justice or judge may require a defendant to |
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give a bail bond in a criminal case based on an offense punishable |
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by fine only. |
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(5) House Rule 13, Sections 9(a)(1) and (2), are suspended |
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to permit the committee to amend and omit text not in disagreement |
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in SECTION 12 of the bill, in added Articles 45.045(a-2) and (a-3), |
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Code of Criminal Procedure, to read as follows: |
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(a-2) The court may not issue a capias pro fine for the |
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defendant's failure to satisfy the judgment according to its terms |
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unless the court holds a hearing on the defendant's ability to |
|
satisfy the judgment and: |
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(1) the defendant fails to appear at the hearing; or |
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(2) based on evidence presented at the hearing, the |
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court determines that the capias pro fine should be issued. |
|
(a-3) The court shall recall a capias pro fine if, before |
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the capias pro fine is executed: |
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(1) the defendant voluntarily appears to resolve the |
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amount owed; and |
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(2) the amount owed is resolved in any manner |
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authorized by this chapter. |
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Explanation: This change is necessary to clarify the |
|
circumstances in which a court may issue or shall recall a capias |
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pro fine. |
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(6) House Rule 13, Section 9(a)(2), is suspended to permit |
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the committee to omit text not in disagreement in SECTION 16 of the |
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bill, in amended Article 45.0491(a), Code of Criminal Procedure, to |
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read as follows: |
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(a) A municipal court, regardless of whether the court is a |
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court of record, or a justice court may waive payment of all or part |
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of a fine or costs imposed on a defendant [who defaults in payment] |
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if the court determines that: |
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(1) the defendant is indigent or does not have |
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sufficient resources or income to pay all or part of the fine or |
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costs or was, at the time the offense was committed, a child as |
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defined by Article 45.058(h); and |
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(2) discharging the fine or [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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Explanation: This change is necessary to remove unnecessary |
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and duplicative language. |
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(7) House Rule 13, Section 9(a)(3), is suspended to permit |
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the committee to add text on a matter which is not in disagreement |
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by adding SECTIONS 20 and 21 to the bill, amending Articles |
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45.051(a) and 45.0511(t), Code of Criminal Procedure, to read as |
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follows: |
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SECTION 20. Article 45.051(a), Code of Criminal Procedure, |
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is amended to read as follows: |
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(a) On a plea of guilty or nolo contendere by a defendant or |
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on a finding of guilt in a misdemeanor case punishable by fine only |
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and payment of all court costs, the judge may defer further |
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proceedings without entering an adjudication of guilt and place the |
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defendant on probation for a period not to exceed 180 days. In |
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issuing the order of deferral, the judge may impose a special |
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expense fee on the defendant in an amount not to exceed the amount |
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of the fine that could be imposed on the defendant as punishment for |
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the offense. The special expense fee may be collected at any time |
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before the date on which the period of probation ends. The judge |
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may elect not to impose the special expense fee for good cause shown |
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by the defendant. If the judge orders the collection of a special |
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expense fee, the judge shall require that the amount of the special |
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expense fee be credited toward the payment of the amount of the fine |
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imposed by the judge. An order of deferral under this subsection |
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terminates any liability under a [bail bond or an appearance] bond |
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given for the charge. |
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SECTION 21. Article 45.0511(t), Code of Criminal Procedure, |
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is amended to read as follows: |
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(t) An order of deferral under Subsection (c) terminates any |
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liability under a [bail bond or appearance] bond given for the |
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charge. |
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Explanation: The addition of text is a technical change |
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necessary to conform to the changes made in SECTION 9 of the bill, |
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in added Article 45.016(b), Code of Criminal Procedure. |
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(8) House Rule 13, Section 9(a)(1), is suspended to permit |
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the committee to amend text not in disagreement in SECTION 31 of the |
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bill, in the transition language, to read as follows: |
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SECTION 31. The changes in law made by this Act to Articles |
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45.016, 45.051, and 45.0511, Code of Criminal Procedure, apply only |
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to a bond executed on or after the effective date of this Act. A |
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bond executed before the effective date of this Act is governed by |
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the law in effect when the bond was executed, and the former law is |
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continued in effect for that purpose. |
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Explanation: This change is necessary to properly implement |
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the addition of SECTIONS 20 and 21 to the bill. |