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A BILL TO BE ENTITLED
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AN ACT
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relating to the imposition and collection of fines, fees, and court |
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costs in criminal cases. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 42.15(a-1), Code of Criminal Procedure, |
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is amended to read as follows: |
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(a-1) Notwithstanding any other provision of this article, |
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during or immediately after imposing a sentence in a case in which |
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the defendant entered a plea in open court as provided by Article |
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27.13, 27.14(a), or 27.16(a), a court shall inquire on the record |
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whether the defendant has sufficient resources or income to |
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immediately pay all or part of the fine and costs. If the court |
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determines that the defendant does not have sufficient resources or |
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income to immediately pay all or part of the fine and costs, the |
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court shall determine whether the fine and costs should be: |
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(1) subject to Subsection (c), required to be paid at |
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some later date or in a specified portion at designated intervals; |
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(2) discharged by performing community service under, |
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as applicable, Article 43.09(f), Article 45.049, Article 45.0492, |
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as added by Chapter 227 (H.B. 350), Acts of the 82nd Legislature, |
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Regular Session, 2011, or Article 45.0492, as added by Chapter 777 |
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(H.B. 1964), Acts of the 82nd Legislature, Regular Session, 2011; |
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(3) waived in full or in part under Article 43.091 or |
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45.0491; or |
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(4) satisfied through any combination of methods under |
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Subdivisions (1)-(3). |
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SECTION 2. Article 43.015(3), Code of Criminal Procedure, |
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is amended to read as follows: |
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(3) "Cost" includes any fee, including a reimbursement |
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fee, imposed on a defendant by the court [at the time a judgment is |
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entered]. |
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SECTION 3. Article 45.004, Code of Criminal Procedure, is |
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amended to read as follows: |
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Art. 45.004. GENERAL DEFINITION. Unless the context clearly |
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indicates otherwise, in [In] this chapter, "cost" includes any fee, |
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including a reimbursement fee, imposed on a defendant by the |
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justice or judge [at the time a judgment is entered]. |
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SECTION 4. Article 103.0081, Code of Criminal Procedure, is |
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amended to read as follows: |
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Art. 103.0081. UNCOLLECTIBLE FINES AND FEES. (a) Any |
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officer authorized by this chapter to collect a fine, reimbursement |
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or other fee, or item of cost may request the trial court in which a |
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criminal action or proceeding was held to make a finding that a |
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fine, reimbursement or other fee, or item of cost imposed in the |
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action or proceeding is uncollectible if the officer believes: |
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(1) the defendant is deceased; |
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(2) the defendant is serving a sentence for |
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imprisonment for life or life without parole; or |
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(3) the fine, reimbursement or other fee, or item of |
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cost has been unpaid for at least 15 years. |
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(b) On a finding by a court that any condition described by |
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Subsection (a) [Subsections (a)(1)-(3)] is true, the court may |
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order the officer to designate the fine, reimbursement or other |
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fee, or item of cost as uncollectible in the fee record. The officer |
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shall attach a copy of the court's order to the fee record. |
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SECTION 5. The changes in law made by this Act apply to a |
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fine, fee, or cost imposed before, on, or after the effective date |
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of this Act. |
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SECTION 6. This Act takes effect September 1, 2021. |