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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 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 imposed on a defendant by |
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the court [at the time a judgment is entered]. |
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SECTION 2. 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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imposed on a defendant by the justice or judge [at the time a |
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judgment is entered]. |
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SECTION 3. 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, fee, or item |
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of cost may request the trial court in which a criminal action or |
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proceeding was held to make a finding that a fine, fee, or item of |
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cost imposed in the action or proceeding is uncollectible if the |
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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, fee, or item of cost has been unpaid for |
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at least 15 years; or |
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(4) the fine, fee, or item of cost is otherwise |
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uncollectible. |
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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, fee, or item of cost as |
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uncollectible in the fee record. The officer shall attach a copy of |
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the court's order to the fee record. |
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SECTION 4. 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 5. This Act takes effect September 1, 2021. |