|
|
|
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. |