86R4532 AJZ-F

By: White H.B. No. 2754

A BILL TO BE ENTITLED

AN ACT

relating to the issuance of a citation or notice to appear for certain misdemeanors punishable by fine only and the court's authority to order a defendant confined in jail for failure to pay a fine or cost, for failure to appear, or for contempt.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Article 14.06, Code of Criminal Procedure, is amended by amending Subsection (b) and adding Subsections (b-1) and (b-2) to read as follows:

(b) A peace officer who is charging a person, including a child, with committing an offense that is a [Class C] misdemeanor punishable by fine only, other than an offense under Section 22.01(a)(2) or (3) or Section 49.02, Penal Code, or an offense under Chapter 106, Alcoholic Beverage Code, shall [may], instead of taking the person before a magistrate, issue a citation to the person that contains:

(1) written notice of the time and place the person must appear before a magistrate;

(2) the name and address of the person charged;

(3) the offense charged;

(4) information regarding the alternatives to the full payment of any fine or costs assessed against the person, if the person is convicted of the offense and is unable to pay that amount; and

(5) the following admonishment, in boldfaced or underlined type or in capital letters:

"If you are convicted of a misdemeanor offense involving violence where you are or were a spouse, intimate partner, parent, or guardian of the victim or are or were involved in another, similar relationship with the victim, it may be unlawful for you to possess or purchase a firearm, including a handgun or long gun, or ammunition, pursuant to federal law under 18 U.S.C. Section 922(g)(9) or Section 46.04(b), Texas Penal Code. If you have any questions whether these laws make it illegal for you to possess or purchase a firearm, you should consult an attorney."

(b-1) Notwithstanding Subsection (b), a peace officer is not required to issue a citation to a person as described by that subsection if the person refuses to sign the citation or requests to be taken immediately before a magistrate.

(b-2) A peace officer who is charging a person, including a child, with committing an offense that is a misdemeanor punishable by fine only under Section 22.01(a)(2) or (3), Penal Code, or Chapter 106, Alcoholic Beverage Code, may, instead of taking the person before a magistrate, issue to the person a citation that contains written notice of the time and place the person must appear before a magistrate, the name and address of the person charged, and the offense charged.

SECTION 2. Article 45.014, Code of Criminal Procedure, is amended by amending Subsection (e), as added by Chapter 1127 (S.B. 1913), Acts of the 85th Legislature, Regular Session, 2017, and adding Subsection (e-1) to read as follows:

(e) A justice or judge may not issue an arrest warrant for the defendant's failure to appear at the initial court setting for a misdemeanor punishable by fine only other than an offense under Section 22.01(a)(2) or (3), Penal Code.

(e-1) A justice or judge may not issue an arrest warrant for the defendant's failure to appear at the initial court setting for an offense under Section 22.01(a)(2) or (3), Penal Code [, including failure to appear as required by a citation issued under Article 14.06(b)], unless:

(1) the justice or judge provides by telephone or regular mail to the defendant notice that includes:

(A) a date and time, occurring within the 30-day period following the date that notice is provided, when the defendant must appear before the justice or judge;

(B) the name and address of the court with jurisdiction in the case;

(C) information regarding alternatives to the full payment of any fine or costs owed by the defendant, if the defendant is unable to pay that amount; and

(D) an explanation of the consequences if the defendant fails to appear before the justice or judge as required by this article; and

(2) the defendant fails to appear before the justice or judge as required by this article.

SECTION 3. Article 45.045, Code of Criminal Procedure, is amended by adding Subsection (b-1) to read as follows:

(b-1) Notwithstanding Subsection (a), the court may not issue a capias pro fine for:

(1) the defendant's failure to satisfy the judgment according to its terms with respect to any misdemeanor punishable by fine only other than an offense under Section 22.01(a)(2) or (3), Penal Code; or

(2) contempt of a judgment entered for a misdemeanor punishable by fine only other than an offense under Section 22.01(a)(2) or (3), Penal Code.

SECTION 4. Article 45.046(a), Code of Criminal Procedure, is amended to read as follows:

(a) When a judgment and sentence have been entered against a defendant for an offense under Section 22.01(a)(2) or (3), Penal Code, and the defendant defaults in the discharge of the judgment, the judge may order the defendant confined in jail until discharged by law if the judge at a hearing makes a written determination that:

(1) the defendant is not indigent and has failed to make a good faith effort to discharge the fine or costs; or

(2) the defendant is indigent and:

(A) has failed to make a good faith effort to discharge the fine or costs under Article 45.049; and

(B) could have discharged the fine or costs under Article 45.049 without experiencing any undue hardship.

SECTION 5. Subchapter B, Chapter 45, Code of Criminal Procedure, is amended by adding Article 45.0465 to read as follows:

Art. 45.0465. CONFINEMENT FOR FAILURE TO SATISFY JUDGMENT OR FOR CONTEMPT PROHIBITED. A justice or municipal court may not order the confinement of a person for:

(1) the failure to pay all or any part of a fine or costs imposed for the conviction of a misdemeanor punishable by fine only other than an offense under Section 22.01(a)(2) or (3), Penal Code; or

(2) contempt of a judgment entered for the conviction of a misdemeanor punishable by fine only other than an offense under Section 22.01(a)(2) or (3), Penal Code.

SECTION 6. Article 45.048(a), Code of Criminal Procedure, is amended to read as follows:

(a) A defendant confined [placed] in jail [on account of failure to pay the fine and costs] shall be discharged on habeas corpus by showing that the defendant was confined in jail:

(1) in violation of Article 45.014, 45.045, 45.0465, or 45.050(b) [is too poor to pay the fine and costs]; [or]

(2) for failure to pay the fine or costs imposed by a judgment entered for the conviction of a misdemeanor punishable by fine only other than an offense under Section 22.01(a)(2) or (3), Penal Code; or

(3) for contempt of a judgment described by Subdivision (2) or, if the defendant is a child, contempt of an order of a justice or municipal court [has remained in jail a sufficient length of time to satisfy the fine and costs, at the rate of not less than $100 for each period served, as specified by the convicting court in the judgment in the case].

SECTION 7. Section 21.002(c), Government Code, is amended to read as follows:

(c) Subject to Articles 45.045(b-1), 45.0465, and 45.050(b), Code of Criminal Procedure, the [The] punishment for contempt of a justice court or municipal court is a fine of not more than $100 or confinement in the county or municipal [city] jail for not more than three days, or both such a fine and confinement in jail.

SECTION 8. Section 543.004(a), Transportation Code, is amended to read as follows:

(a) An officer shall issue a written notice to appear if:

(1) the offense charged is a misdemeanor under this subtitle that is punishable by fine only[:

[(A) speeding;

[(B) the use of a wireless communication device under Section 545.4251; or

[(C) a violation of the open container law, Section 49.031, Penal Code]; and

(2) the person makes a written promise to appear in court as provided by Section 543.005.

SECTION 9. Subchapter A, Chapter 543, Transportation Code, is amended by adding Section 543.0045 to read as follows:

Sec. 543.0045. NOTIFICATION REQUIRED DURING TRAFFIC STOP. (a) An officer who stops a motor vehicle as a result of a person's alleged commission of a misdemeanor under this subtitle that is punishable by fine only shall promptly notify the person that:

(1) the alleged offense is a misdemeanor under this subtitle that is punishable by fine only; and

(2) the officer may not arrest a person solely on the basis of that offense.

(b) The Texas Commission on Law Enforcement by rule shall specify the language that is required to be included in the notification described by Subsection (a).

SECTION 10. Article 45.014(e), Code of Criminal Procedure, as added by Chapter 977 (H.B. 351), Acts of the 85th Legislature, Regular Session, 2017, is repealed.

SECTION 11. (a) Except as provided by Subsection (b) of this section, Articles 45.045(b-1) and 45.0465, Code of Criminal Procedure, as added by this Act, and Article 45.046(a), Code of Criminal Procedure, as amended by this Act, apply only to a judgment that has not been discharged before the effective date of this Act and a judgment entered on or after the effective date of this Act.

(b) Not later than September 2, 2019, a county or municipal jail shall release each person who, on the effective date of this Act, is confined in the county or municipal jail for:

(1) the failure to pay all or any part of a fine or costs imposed for the conviction of an offense punishable by fine only other than an offense under Section 22.01(a)(2) or (3), Penal Code, including confinement ordered under Article 45.046, Code of Criminal Procedure, as that article existed before the effective date of this Act;

(2) a failure to appear at the initial court setting for a misdemeanor punishable by fine only other than an offense under Section 22.01(a)(2) or (3), Penal Code; or

(3) contempt of a judgment entered for the conviction of an offense punishable by fine only other than an offense under Section 22.01(a)(2) or (3), Penal Code.

SECTION 12. Articles 14.06 and 45.014, Code of Criminal Procedure, as amended by this Act, and Section 543.004(a), Transportation Code, as amended by this Act, and Section 543.0045, Transportation Code, as added by this Act, apply only to an offense committed on or after the effective date of this Act. An offense committed before the effective date of this Act is governed by the law in effect on the date the offense was committed, and the former law is continued in effect for that purpose. For purposes of this section, an offense was committed before the effective date of this Act if any element of the offense occurred before that date.

SECTION 13. The Texas Commission on Law Enforcement shall adopt the rules required by Section 543.0045(b), Transportation Code, as added by this Act, not later than December 1, 2019.

SECTION 14. (a) Except as provided by Subsection (b) of this section, this Act takes effect September 1, 2019.

(b) Section 543.0045, Transportation Code, as added by this Act, takes effect January 1, 2020.