| |
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A BILL TO BE ENTITLED
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|
AN ACT
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| |
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relating to the administrative, civil, and criminal consequences, |
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including fines, fees, and costs, imposed on persons arrested for, |
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|
charged with, or convicted of certain criminal offenses. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 1, Code of Criminal Procedure, is |
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|
amended by adding Article 1.053 to read as follows: |
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Art. 1.053. PRESENT ABILITY TO PAY. Except as otherwise |
|
|
specifically provided, in determining a defendant's ability to pay |
|
|
for any purpose, the court shall consider only the defendant's |
|
|
present ability to pay. |
|
|
SECTION 2. Article 43.015, Code of Criminal Procedure, is |
|
|
amended by adding Subdivision (3) to read as follows: |
|
|
(3) "Cost" includes any fee imposed on a defendant by |
|
|
the court at the time a judgment is entered. |
|
|
SECTION 3. Chapter 43, Code of Criminal Procedure, is |
|
|
amended by adding Article 43.035 to read as follows: |
|
|
Art. 43.035. RECONSIDERATION OF FINE OR COSTS. (a) If a |
|
|
defendant notifies the court that the defendant has difficulty |
|
|
paying the fine and costs in compliance with the judgment, the court |
|
|
shall hold a hearing to determine whether that portion of the |
|
|
judgment imposes an undue hardship on the defendant. |
|
|
(b) For purposes of Subsection (a), a defendant may notify |
|
|
the court by: |
|
|
(1) voluntarily appearing and informing the court or |
|
|
the clerk of the court in the manner established by the court for |
|
|
that purpose; |
|
|
(2) filing a motion with the court; |
|
|
(3) mailing a letter to the court; or |
|
|
(4) any other method established by the court for that |
|
|
purpose. |
|
|
(c) If the court determines at the hearing under Subsection |
|
|
(a) that the portion of the judgment regarding the fine and costs |
|
|
imposes an undue hardship on the defendant, the court shall |
|
|
consider whether the fine and costs should be satisfied through one |
|
|
or more methods listed under Article 42.15(a-1). |
|
|
(d) The court may decline to hold a hearing under Subsection |
|
|
(a) if the court: |
|
|
(1) previously held a hearing under that subsection |
|
|
with respect to the case and is able to determine without holding a |
|
|
hearing that the portion of the judgment regarding the fine and |
|
|
costs does not impose an undue hardship on the defendant; or |
|
|
(2) is able to determine without holding a hearing |
|
|
that: |
|
|
(A) the applicable portion of the judgment |
|
|
imposes an undue hardship on the defendant; and |
|
|
(B) the fine and costs should be satisfied |
|
|
through one or more methods listed under Article 42.15(a-1). |
|
|
(e) The court retains jurisdiction for the purpose of making |
|
|
a determination under this article. |
|
|
SECTION 4. The heading to Article 43.05, Code of Criminal |
|
|
Procedure, is amended to read as follows: |
|
|
Art. 43.05. ISSUANCE AND RECALL OF CAPIAS PRO FINE [SHALL
|
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|
RECITE]. |
|
|
SECTION 5. Article 43.05(a-1), Code of Criminal Procedure, |
|
|
as added by Chapter 1127 (S.B. 1913), Acts of the 85th Legislature, |
|
|
Regular Session, 2017, is amended to read as follows: |
|
|
(a-1) A court may not issue a capias pro fine for the |
|
|
defendant's failure to satisfy the judgment according to its terms |
|
|
unless the court holds a hearing to determine whether the judgment |
|
|
imposes an undue hardship on the defendant [on the defendant's
|
|
|
ability to satisfy the judgment] and the defendant fails to: |
|
|
(1) [the defendant fails to] appear at the hearing; or |
|
|
(2) comply with an order issued under Subsection (a-3) |
|
|
as a result of the hearing [based on evidence presented at the
|
|
|
hearing, the court determines that the capias pro fine should be
|
|
|
issued]. |
|
|
SECTION 6. Article 43.05, Code of Criminal Procedure, is |
|
|
amended by amending Subsection (a-2) and adding Subsections (a-3) |
|
|
and (a-4) to read as follows: |
|
|
(a-2) If the court determines at the hearing under |
|
|
Subsection (a-1) that the judgment imposes an undue hardship on the |
|
|
defendant, the court shall determine whether the fine and costs |
|
|
should be satisfied through one or more methods listed under |
|
|
Article 42.15(a-1). The court retains jurisdiction for the purpose |
|
|
of making a determination under this subsection. |
|
|
(a-3) If the court determines at the hearing under |
|
|
Subsection (a-1) that the judgment does not impose an undue |
|
|
hardship on the defendant, the court shall order the defendant to |
|
|
comply with the judgment not later than the 30th day after the date |
|
|
the determination is made. |
|
|
(a-4) The court shall recall a capias pro fine if, before |
|
|
the capias pro fine is executed, the defendant: |
|
|
(1) provides notice to the court under Article 43.035 |
|
|
and a hearing is set under that article; or |
|
|
(2) [the defendant] voluntarily appears and makes a |
|
|
good faith effort to resolve the capias pro fine [amount owed; and
|
|
|
[(2)
the amount owed is resolved in any manner
|
|
|
authorized by this code]. |
|
|
SECTION 7. Article 43.09(f), Code of Criminal Procedure, is |
|
|
amended to read as follows: |
|
|
(f) A court may require a defendant who is unable to pay a |
|
|
fine or costs to discharge all or part of the fine or costs by |
|
|
performing community service. The court may allow a defendant to |
|
|
perform the required community service in the county in which the |
|
|
defendant resides. |
|
|
SECTION 8. Article 43.091, Code of Criminal Procedure, is |
|
|
amended to read as follows: |
|
|
Art. 43.091. WAIVER OF PAYMENT OF FINES AND COSTS FOR |
|
|
CERTAIN DEFENDANTS AND FOR CHILDREN. (a) A court may waive |
|
|
payment of all or part of a fine [or costs] imposed on a defendant if |
|
|
the court determines that: |
|
|
(1) the defendant is indigent or does not have |
|
|
sufficient resources or income to pay all or part of the fine [or
|
|
|
costs] or was, at the time the offense was committed, a child as |
|
|
defined by Article 45.058(h); and |
|
|
(2) each alternative method of discharging the fine |
|
|
[or cost] under Article 43.09 or 42.15 would impose an undue |
|
|
hardship on the defendant. |
|
|
(b) A determination of undue hardship made under Subsection |
|
|
(a)(2) is in the court's discretion. In making that determination, |
|
|
the court may consider, as applicable, the defendant's: |
|
|
(1) significant physical or mental impairment or |
|
|
disability; |
|
|
(2) pregnancy and childbirth; |
|
|
(3) substantial family commitments or |
|
|
responsibilities, including child or dependent care; |
|
|
(4) work responsibilities and hours; |
|
|
(5) transportation limitations; |
|
|
(6) homelessness or housing insecurity; and |
|
|
(7) any other factor the court determines relevant. |
|
|
(c) A court may waive payment of all or part of the costs |
|
|
imposed on a defendant if the court determines that the defendant: |
|
|
(1) is indigent or does not have sufficient resources |
|
|
or income to pay all or part of the costs; or |
|
|
(2) was, at the time the offense was committed, a child |
|
|
as defined by Article 45.058(h). |
|
|
(d) This subsection applies only to a defendant placed on |
|
|
community supervision, including deferred adjudication community |
|
|
supervision, whose fine or costs are wholly or partly waived under |
|
|
this article. At any time during the defendant's period of |
|
|
community supervision, the court, on the court's own motion or by |
|
|
motion of the attorney representing the state, may reconsider the |
|
|
waiver of the fine or costs. After providing written notice to the |
|
|
defendant and an opportunity for the defendant to present |
|
|
information relevant to the defendant's ability to pay, the court |
|
|
may order the defendant to pay all or part of the waived amount of |
|
|
the fine or costs only if the court determines that the defendant |
|
|
has sufficient resources or income to pay that amount. |
|
|
SECTION 9. Subchapter A, Chapter 45, Code of Criminal |
|
|
Procedure, is amended by adding Article 45.004 to read as follows: |
|
|
Art. 45.004. GENERAL DEFINITION. In this chapter, "cost" |
|
|
includes any fee imposed on a defendant by the justice or judge at |
|
|
the time a judgment is entered. |
|
|
SECTION 10. Subchapter B, Chapter 45, Code of Criminal |
|
|
Procedure, is amended by adding Articles 45.0201 and 45.0445 to |
|
|
read as follows: |
|
|
Art. 45.0201. APPEARANCE BY TELEPHONE OR VIDEOCONFERENCE. |
|
|
If the justice or judge determines that requiring a defendant to |
|
|
appear before the justice or judge in person for a hearing under |
|
|
Article 45.0445 or 45.045 would impose an undue hardship on the |
|
|
defendant, the justice or judge may allow the defendant to appear by |
|
|
telephone or videoconference. |
|
|
Art. 45.0445. RECONSIDERATION OF FINE OR COSTS. (a) If |
|
|
the defendant notifies the justice or judge that the defendant has |
|
|
difficulty paying the fine and costs in compliance with the |
|
|
judgment, the justice or judge shall hold a hearing to determine |
|
|
whether the judgment imposes an undue hardship on the defendant. |
|
|
(b) For purposes of Subsection (a), a defendant may notify |
|
|
the justice or judge by: |
|
|
(1) voluntarily appearing and informing the justice or |
|
|
judge or the clerk of the court in the manner established by the |
|
|
justice or judge for that purpose; |
|
|
(2) filing a motion with the justice or judge; |
|
|
(3) mailing a letter to the justice or judge; or |
|
|
(4) any other method established by the justice or |
|
|
judge for that purpose. |
|
|
(c) If the justice or judge determines at the hearing under |
|
|
Subsection (a) that the judgment imposes an undue hardship on the |
|
|
defendant, the justice or judge shall consider whether to allow the |
|
|
defendant to satisfy the fine and costs through one or more methods |
|
|
listed under Article 45.041(a-1). |
|
|
(d) The justice or judge may decline to hold a hearing under |
|
|
Subsection (a) if the justice or judge: |
|
|
(1) previously held a hearing under that subsection |
|
|
with respect to the case and is able to determine without holding a |
|
|
hearing that the judgment does not impose an undue hardship on the |
|
|
defendant; or |
|
|
(2) is able to determine without holding a hearing |
|
|
that: |
|
|
(A) the judgment imposes an undue hardship on the |
|
|
defendant; and |
|
|
(B) the fine and costs should be satisfied |
|
|
through one or more methods listed under Article 45.041(a-1). |
|
|
(e) The justice or judge retains jurisdiction for the |
|
|
purpose of making a determination under this article. |
|
|
SECTION 11. Article 45.045(a-2), Code of Criminal |
|
|
Procedure, as added by Chapter 1127 (S.B. 1913), Acts of the 85th |
|
|
Legislature, Regular Session, 2017, is amended to read as follows: |
|
|
(a-2) The court may not issue a capias pro fine for the |
|
|
defendant's failure to satisfy the judgment according to its terms |
|
|
unless the court holds a hearing to determine whether the judgment |
|
|
imposes an undue hardship on the defendant [on the defendant's
|
|
|
ability to satisfy the judgment] and the defendant fails to: |
|
|
(1) [the defendant fails to] appear at the hearing; or |
|
|
(2) comply with an order issued under Subsection (a-4) |
|
|
as a result of the hearing [based on evidence presented at the
|
|
|
hearing, the court determines that the capias pro fine should be
|
|
|
issued]. |
|
|
SECTION 12. Article 45.045, Code of Criminal Procedure, is |
|
|
amended by amending Subsection (a-3) and adding Subsections (a-4) |
|
|
and (a-5) to read as follows: |
|
|
(a-3) If the justice or judge determines at the hearing |
|
|
under Subsection (a-2) that the judgment imposes an undue hardship |
|
|
on the defendant, the justice or judge shall determine whether the |
|
|
fine and costs should be satisfied through one or more methods |
|
|
listed under Article 45.041(a-1). The justice or judge retains |
|
|
jurisdiction for the purpose of making a determination under this |
|
|
subsection. |
|
|
(a-4) If the justice or judge determines at the hearing |
|
|
under Subsection (a-2) that the judgment does not impose an undue |
|
|
hardship on the defendant, the justice or judge shall order the |
|
|
defendant to comply with the judgment not later than the 30th day |
|
|
after the date the determination is made. |
|
|
(a-5) The court shall recall a capias pro fine if, before |
|
|
the capias pro fine is executed, the defendant: |
|
|
(1) provides notice to the justice or judge under |
|
|
Article 45.0445 and a hearing is set under that article; or |
|
|
(2) [the defendant] voluntarily appears and makes a |
|
|
good faith effort to resolve the capias pro fine [amount owed; and
|
|
|
[(2)
the amount owed is resolved in any manner
|
|
|
authorized by this chapter]. |
|
|
SECTION 13. Article 45.049, Code of Criminal Procedure, is |
|
|
amended by adding Subsection (a-1) to read as follows: |
|
|
(a-1) A justice or judge may allow a defendant to perform in |
|
|
the county in which the defendant resides any community service |
|
|
required under this article. |
|
|
SECTION 14. Article 45.0491, Code of Criminal Procedure, is |
|
|
amended to read as follows: |
|
|
Art. 45.0491. WAIVER OF PAYMENT OF FINES AND COSTS FOR |
|
|
CERTAIN DEFENDANTS AND FOR CHILDREN. (a) A municipal court, |
|
|
regardless of whether the court is a court of record, or a justice |
|
|
court may waive payment of all or part of a fine [or costs] imposed |
|
|
on a defendant if the court determines that: |
|
|
(1) the defendant is indigent or does not have |
|
|
sufficient resources or income to pay all or part of the fine [or
|
|
|
costs] or was, at the time the offense was committed, a child as |
|
|
defined by Article 45.058(h); and |
|
|
(2) discharging the fine [or costs] under Article |
|
|
45.049 or as otherwise authorized by this chapter would impose an |
|
|
undue hardship on the defendant. |
|
|
(b) A defendant is presumed to be indigent or to not have |
|
|
sufficient resources or income to pay all or part of the fine or |
|
|
costs for purposes of Subsection (a) or (d) if the defendant: |
|
|
(1) is in the conservatorship of the Department of |
|
|
Family and Protective Services, or was in the conservatorship of |
|
|
that department at the time of the offense; or |
|
|
(2) is designated as a homeless child or youth or an |
|
|
unaccompanied youth, as those terms are defined by 42 U.S.C. |
|
|
Section 11434a, or was so designated at the time of the offense. |
|
|
(c) A determination of undue hardship made under Subsection |
|
|
(a)(2) is in the court's discretion. In making that determination, |
|
|
the court may consider, as applicable, the defendant's: |
|
|
(1) significant physical or mental impairment or |
|
|
disability; |
|
|
(2) pregnancy and childbirth; |
|
|
(3) substantial family commitments or |
|
|
responsibilities, including child or dependent care; |
|
|
(4) work responsibilities and hours; |
|
|
(5) transportation limitations; |
|
|
(6) homelessness or housing insecurity; and |
|
|
(7) any other factors the court determines relevant. |
|
|
(d) A municipal court, regardless of whether the court is a |
|
|
court of record, or a justice court may waive payment of all or part |
|
|
of the costs imposed on a defendant if the court determines that the |
|
|
defendant: |
|
|
(1) is indigent or does not have sufficient resources |
|
|
or income to pay all or part of the costs; or |
|
|
(2) was, at the time the offense was committed, a child |
|
|
as defined by Article 45.058(h). |
|
|
SECTION 15. Article 45.051(a-1), Code of Criminal |
|
|
Procedure, as amended by Chapters 227 (H.B. 350) and 777 (H.B. |
|
|
1964), Acts of the 82nd Legislature, Regular Session, 2011, is |
|
|
reenacted and amended to read as follows: |
|
|
(a-1) Notwithstanding any other provision of law, as an |
|
|
alternative to requiring a defendant charged with one or more |
|
|
offenses to make payment of all court costs as required by |
|
|
Subsection (a), the judge may: |
|
|
(1) allow the defendant to enter into an agreement for |
|
|
payment of those costs in installments during the defendant's |
|
|
period of probation; |
|
|
(2) require an eligible defendant to discharge all or |
|
|
part of those costs by performing community service or attending a |
|
|
tutoring program under Article 45.049 or 45.0492; [or] |
|
|
(3) waive all or part of the court costs under Article |
|
|
45.0491(d); or |
|
|
(4) take any combination of actions authorized by |
|
|
Subdivision (1), [or] (2), or (3). |
|
|
SECTION 16. Section 702.003, Transportation Code, is |
|
|
amended by adding Subsections (b-1), (g), and (h) and amending |
|
|
Subsections (c) and (e-1) to read as follows: |
|
|
(b-1) Information that is provided to make a determination |
|
|
under Subsection (a) and that concerns an outstanding warrant from |
|
|
the municipality for failure to pay a fine expires on the second |
|
|
anniversary of the date the information was provided and may not be |
|
|
used to refuse registration after that date. Once information |
|
|
about an outstanding warrant for failure to pay a fine is provided |
|
|
under Subsection (b), subsequent information about other warrants |
|
|
for failure to pay a fine that are issued before the second |
|
|
anniversary of the date the initial information was provided may |
|
|
not be used, either before or after the second anniversary of that |
|
|
date, to refuse registration under this section unless the motor |
|
|
vehicle is no longer subject to refusal of registration because of |
|
|
notice received under Subsection (c). |
|
|
(c) A municipality that has a contract under Subsection (b) |
|
|
shall notify the county assessor-collector or the department |
|
|
regarding a person for whom the county assessor-collector or the |
|
|
department has refused to register a motor vehicle on: |
|
|
(1) entry of a judgment against the person and the |
|
|
person's payment to the court or other means of discharge, |
|
|
including a waiver, of the fine for the violation and of all court |
|
|
costs; |
|
|
(2) perfection of an appeal of the case for which the |
|
|
arrest warrant was issued; or |
|
|
(3) dismissal of the charge for which the arrest |
|
|
warrant was issued. |
|
|
(e-1) Except as otherwise provided by this section, a [A] |
|
|
municipality that has a contract under Subsection (b) may impose an |
|
|
additional $20 fee to a person who has an outstanding warrant from |
|
|
the municipality for failure to appear or failure to pay a fine on a |
|
|
complaint that involves the violation of a traffic law. The |
|
|
additional fee may be used only to reimburse the department or the |
|
|
county assessor-collector for its expenses for providing services |
|
|
under the contract, or another county department for expenses |
|
|
related to services under the contract. |
|
|
(g) A municipal court judge or justice of the peace who has |
|
|
jurisdiction over the underlying offense may waive an additional |
|
|
fee imposed under Subsection (e-1) if the judge or justice makes a |
|
|
finding that the defendant is economically unable to pay the fee or |
|
|
that good cause exists for the waiver. |
|
|
(h) If a municipality is notified that the court having |
|
|
jurisdiction over the underlying offense has waived the fine that |
|
|
is the subject of the warrant due to the defendant's indigency, the |
|
|
municipality may not impose an additional fee on the defendant |
|
|
under Subsection (e-1). |
|
|
SECTION 17. The following provisions of the Code of |
|
|
Criminal Procedure are repealed: |
|
|
(1) Article 42.15(a-1), as added by Chapter 977 (H.B. |
|
|
351), Acts of the 85th Legislature, Regular Session, 2017; |
|
|
(2) Article 43.05(a-1), as added by Chapter 977 (H.B. |
|
|
351), Acts of the 85th Legislature, Regular Session, 2017; |
|
|
(3) Article 45.041(a-1), as added by Chapter 977 (H.B. |
|
|
351), Acts of the 85th Legislature, Regular Session, 2017; and |
|
|
(4) Article 45.045(a-2), as added by Chapter 977 (H.B. |
|
|
351), Acts of the 85th Legislature, Regular Session, 2017. |
|
|
SECTION 18. Notwithstanding Section 32, Chapter 977 (H.B. |
|
|
351), and Section 28, Chapter 1127 (S.B. 1913), Acts of the 85th |
|
|
Legislature, Regular Session, 2017, Section 706.006, |
|
|
Transportation Code, as amended by those Acts, applies to any fee |
|
|
assessed on or after the effective date of this Act, regardless of |
|
|
whether the offense, complaint, citation, or other violation giving |
|
|
rise to the fee occurred before, on, or after the effective date of |
|
|
this Act. |
|
|
SECTION 19. Articles 1.053 and 45.0201, Code of Criminal |
|
|
Procedure, as added by this Act, apply to a proceeding that |
|
|
commences before, on, or after the effective date of this Act. |
|
|
SECTION 20. Articles 43.035 and 45.0445, Code of Criminal |
|
|
Procedure, as added by this Act, apply to a notification received by |
|
|
a court on or after the effective date of this Act, regardless of |
|
|
whether the judgment of conviction was entered before, on, or after |
|
|
the effective date of this Act. |
|
|
SECTION 21. The changes in law made by this Act to Articles |
|
|
43.09, 43.091, 45.049, 45.0491, and 45.051, Code of Criminal |
|
|
Procedure, apply to a sentencing proceeding that commences before, |
|
|
on, or after the effective date of this Act. |
|
|
SECTION 22. The change in law made by this Act to Articles |
|
|
43.05 and 45.045, Code of Criminal Procedure, applies only to a |
|
|
capias pro fine issued on or after the effective date of this Act. A |
|
|
capias pro fine issued before the effective date of this Act is |
|
|
governed by the law in effect on the date the capias pro fine was |
|
|
issued, and the former law is continued in effect for that purpose. |
|
|
SECTION 23. The changes in law made by this Act to Section |
|
|
702.003, Transportation Code, 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 24. This Act takes effect September 1, 2019. |
|
|
|
|
|
* * * * * |