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A BILL TO BE ENTITLED
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AN ACT
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relating to a justice or municipal court's authority to order a |
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defendant confined in jail for failure to pay a fine or cost or for |
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contempt and to the authority of a municipality to enforce the |
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collection of certain fines by imprisonment of the defendant. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 45.041(c), Code of Criminal Procedure, |
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is amended to 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 of not less than $150 for each period served that is not |
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less than eight hours or more than 24 hours, as specified by the |
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justice or judge [provided by Article 45.048]. |
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SECTION 2. The heading to Article 45.046, Code of Criminal |
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Procedure, is amended to read as follows: |
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Art. 45.046. HEARING ON DEFAULT [COMMITMENT]. |
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SECTION 3. Article 45.046(a), Code of Criminal Procedure, |
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is amended to read as follows: |
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(a) When a judgment and sentence have been entered against a |
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defendant and the defendant defaults in the discharge of the |
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judgment, the judge may order the defendant to appear [confined in |
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jail until discharged by law if the judge] at a hearing and show |
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cause as to why the defendant defaulted in discharging the judgment |
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[makes a written determination that: |
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[(1) the defendant is not indigent and has failed to |
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make a good faith effort to discharge the fine or costs; or |
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[(2) the defendant is indigent and: |
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[(A) has failed to make a good faith effort to |
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discharge the fine or costs under Article 45.049; and |
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[(B) could have discharged the fine or costs under |
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Article 45.049 without experiencing any undue hardship]. |
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SECTION 4. Subchapter B, Chapter 45, Code of Criminal |
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Procedure, is amended by adding Article 45.0465 to read as follows: |
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Art. 45.0465. CONFINEMENT FOR FAILURE TO SATISFY JUDGMENT |
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OR FOR CONTEMPT PROHIBITED. A justice or municipal court may not |
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order the confinement of a person, including a child as defined by |
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Article 45.058(h), for: |
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(1) the failure to pay all or part of a fine or cost |
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imposed for the conviction of an offense punishable by fine only; or |
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(2) contempt of a judgment entered for the conviction |
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of an offense punishable by fine only. |
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SECTION 5. Article 45.048(a), Code of Criminal Procedure, |
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is amended to read as follows: |
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(a) A defendant confined [placed] in jail [on account of |
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failure to pay the fine and costs] shall be discharged on habeas |
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corpus by showing that the defendant was confined in jail: |
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(1) in violation of Article 45.0465 or 45.050(b) [is |
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too poor to pay the fine and costs]; or |
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(2) as a result of: |
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(A) failure to pay the applicable fine or cost |
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imposed by a judgment entered for the conviction of an offense |
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punishable by fine only; or |
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(B) contempt of a judgment described by Paragraph |
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(A) or, if the defendant is a child, contempt of an order of a |
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justice or municipal court [has remained in jail a sufficient |
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length of time to satisfy the fine and costs, at the rate of not less |
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than $150 for each period served, as specified by the convicting |
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court in the judgment in the case]. |
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SECTION 6. The heading to Article 45.050, Code of Criminal |
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Procedure, is amended to read as follows: |
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Art. 45.050. [FAILURE TO PAY FINE;] FAILURE TO APPEAR; |
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CONTEMPT: JUVENILES. |
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SECTION 7. Article 45.050(b), Code of Criminal Procedure, |
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is amended to read as follows: |
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(b) A justice or municipal court may not order the |
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confinement of a child for: |
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(1) [the failure to pay all or any part of a fine or |
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costs imposed for the conviction of an offense punishable by fine |
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only; |
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[(2)] the failure to appear for an offense committed by |
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the child; or |
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(2) [(3)] contempt of an [another] order of a justice |
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or municipal court. |
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SECTION 8. Article 45.203, Code of Criminal Procedure, is |
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amended by amending Subsection (a) and adding Subsection (a-1) to |
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read as follows: |
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(a) The governing body of each municipality shall by |
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ordinance prescribe rules, not inconsistent with any law of this |
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state, as may be proper to enforce the collection of fines imposed |
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by a municipal court. In addition to any other method of enforcement |
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authorized by law, the municipality may enforce the collection of |
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fines by[: |
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[(1)] execution against the property of the defendant. |
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(a-1) A municipality may not enforce the collection of fines |
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by [; or |
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[(2)] imprisonment of the defendant. |
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SECTION 9. Section 21.002(c), Government Code, is amended |
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to read as follows: |
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(c) Subject to Articles 45.0465 and 45.050(b), Code of |
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Criminal Procedure, the [The] punishment for contempt of a justice |
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court or municipal court is a fine of not more than $100 or |
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confinement in the county or municipal [city] jail for not more than |
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three days, or both such a fine and confinement in jail. |
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SECTION 10. The following provisions of the Code of |
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Criminal Procedure are repealed: |
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(1) Article 45.046(b); and |
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(2) Article 45.048(b). |
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SECTION 11. (a) Except as provided by Subsection (b) of this |
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section, the changes in law made by this Act apply only to a |
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judgment that has not been discharged before the effective date of |
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this Act and a judgment entered on or after the effective date of |
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this Act. |
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(b) Article 45.050(b), Code of Criminal Procedure, as |
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amended by this Act, applies only to an order entered on or after |
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the effective date of this Act. |
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(c) Not later than September 2, 2023, a county or municipal |
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jail shall release each person who, on the effective date of this |
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Act, is confined in the county or municipal jail for: |
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(1) the failure to pay all or part of a fine or cost |
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imposed for the conviction of an offense punishable by fine only, |
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including confinement ordered under Article 45.046, Code of |
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Criminal Procedure, as that article existed before the effective |
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date of this Act; |
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(2) contempt of a judgment entered for the conviction |
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of an offense punishable by fine only; or |
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(3) contempt of an order of a justice or municipal |
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court, if the person is a child as defined by Article 45.058(h), |
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Code of Criminal Procedure. |
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SECTION 12. This Act takes effect September 1, 2023. |