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A BILL TO BE ENTITLED
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AN ACT
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relating to credit toward payment of certain fines, costs, fees, |
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and surcharges imposed on certain offenders before, during, or |
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after a period of confinement for another offense. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 45.014(e), Code of Criminal Procedure, |
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as added by Chapter 1127 (S.B. 1913), Acts of the 85th Legislature, |
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Regular Session, 2017, is amended 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; |
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(D) a statement that the defendant may be |
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entitled to a credit toward any fine or costs owed by the defendant |
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if the defendant was confined in jail or prison after the commission |
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of the offense for which the notice is given; and |
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(E) [(D)] an explanation of the consequences if |
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the defendant fails to appear before the justice or judge as |
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required by 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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SECTION 2. Article 45.041, Code of Criminal Procedure, is |
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amended by amending Subsection (c) and adding Subsection (c-1) to |
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read as follows: |
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(c) The justice or judge shall credit the defendant for time |
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served in jail as provided by Article 42.03. The credit under this |
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subsection shall be applied to the amount of the fine and costs at |
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the rate provided by Article 45.048. |
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(c-1) In addition to credit under Subsection (c), in |
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imposing a fine and costs in a case involving a misdemeanor |
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punishable by a fine only, the justice or judge shall credit the |
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defendant for any time the defendant was confined in jail or prison |
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while serving a sentence for another offense if that confinement |
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occurred after the commission of the misdemeanor. The credit under |
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this subsection shall be applied to the amount of the fine and costs |
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at the rate of $200 for each day of confinement. |
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SECTION 3. Subchapter B, Chapter 45, Code of Criminal |
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Procedure, is amended by adding Article 45.0411 to read as follows: |
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Art. 45.0411. NOTICE TO DEPARTMENT OF PUBLIC SAFETY. Not |
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later than the 15th day after the date a justice or judge imposes a |
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sentence in a case in which the defendant is entitled to receive a |
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credit toward the payment of the fine and costs under Article |
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45.041(c-1), the court shall provide a notice to the Texas |
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Department of Public Safety that includes: |
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(1) the total amount of credit the defendant was |
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eligible to receive under Article 45.041(c-1), regardless of the |
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actual amount that was credited toward the fine and costs in the |
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case; and |
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(2) the dates of confinement for which the defendant |
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was eligible to receive the credit. |
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SECTION 4. Chapter 706, Transportation Code, is amended by |
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adding Section 706.0061 to read as follows: |
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Sec. 706.0061. CREDIT TOWARD PAYMENT OF ADMINISTRATIVE FEE. |
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The department shall credit the amount stated in the notice |
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provided to the department under Article 45.0411, Code of Criminal |
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Procedure, toward the person's payment of any administrative fee |
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imposed under Section 706.006 before or during the period of |
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confinement stated in the notice. |
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SECTION 5. Subchapter D, Chapter 708, Transportation Code, |
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is amended by adding Section 708.1581 to read as follows: |
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Sec. 708.1581. CREDIT TOWARD PAYMENT OF SURCHARGE. The |
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department shall credit the amount stated in the notice provided to |
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the department under Article 45.0411, Code of Criminal Procedure, |
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toward the person's payment of any unpaid surcharges that were |
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assessed on the person's license before or during the period of |
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confinement stated in the notice. |
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SECTION 6. Article 45.014(e), Code of Criminal Procedure, |
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as added by Chapter 977 (H.B. 351), Acts of the 85th Legislature, |
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Regular Session, 2017, is repealed. |
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SECTION 7. Article 45.041(c-1), Code of Criminal Procedure, |
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as added by this Act, applies to a defendant who is sentenced for an |
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offense on or after the effective date of this Act, regardless of |
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whether the offense is committed before, on, or after the effective |
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date of this Act. |
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SECTION 8. This Act takes effect September 1, 2019. |