88R3475 MCF-D
 
  By: Zaffirini S.B. No. 352
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to credit toward payment of fines and costs for certain
  defendants.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Articles 43.09(a) and (k), Code of Criminal
  Procedure, are amended to read as follows:
         (a)  When a defendant is convicted of a misdemeanor and the
  defendant's punishment is assessed at a pecuniary fine or is
  confined in a jail after conviction of a felony for which a fine is
  imposed, if the defendant is unable to pay the fine and costs
  adjudged against the defendant, the defendant may for such time as
  will satisfy the judgment be put to work in the county jail
  industries program, in the workhouse, or on the county farm, or
  public improvements and maintenance projects of the county or a
  political subdivision located in whole or in part in the county, as
  provided in Article 43.10; or if there is no such county jail
  industries program, workhouse, farm, or improvements and
  maintenance projects, the defendant shall be confined in jail for a
  sufficient length of time to discharge the full amount of fine and
  costs adjudged against the defendant; rating such confinement at
  $150 [$100] for each day and rating such labor at $150 [$100] for
  each day; provided, however, that the defendant may pay the
  pecuniary fine assessed against the defendant at any time while the
  defendant is serving at work in the county jail industries program,
  in the workhouse, or on the county farm, or on the public
  improvements and maintenance projects of the county or a political
  subdivision located in whole or in part in the county, or while the
  defendant is serving the defendant's jail sentence, and in such
  instances the defendant is entitled to the credit earned under this
  subsection during the time that the defendant has served and the
  defendant shall only be required to pay the balance of the pecuniary
  fine assessed against the defendant. A defendant who performs labor
  under this article during a day in which the defendant is confined
  is entitled to both the credit for confinement and the credit for
  labor provided by this article.
         (k)  A defendant is considered to have discharged $150 [$100]
  of fines or costs for each eight hours of community service
  performed under Subsection (f) of this article.
         SECTION 2.  Article 45.041(c-1), Code of Criminal Procedure,
  is amended to read as follows:
         (c-1)  In addition to credit under Subsection (c), in
  imposing a fine and costs in a case involving a misdemeanor
  punishable by a fine only, the justice or judge shall credit the
  defendant for any time the defendant was confined in jail or prison
  while awaiting trial or serving a sentence for another offense if
  that confinement occurred after the commission of the misdemeanor.
  The credit under this subsection shall be applied to the amount of
  the fine and costs at the rate of not less than $150 for each day of
  confinement.
         SECTION 3.  Article 45.049(e), Code of Criminal Procedure,
  is amended to read as follows:
         (e)  A defendant is considered to have discharged not less
  than $150 [$100] of fines or costs for each eight hours of community
  service performed under this article.
         SECTION 4.  Article 45.0492(g), Code of Criminal Procedure,
  as added by Chapter 227 (H.B. 350), Acts of the 82nd Legislature,
  Regular Session, 2011, is amended to read as follows:
         (g)  A defendant is considered to have discharged not less
  than $150 [$100] of fines or costs for each eight hours of community
  service performed under this article.
         SECTION 5.  Article 45.0492(h), Code of Criminal Procedure,
  as added by Chapter 777 (H.B. 1964), Acts of the 82nd Legislature,
  Regular Session, 2011, is amended to read as follows:
         (h)  A defendant is considered to have discharged not less
  than $150 [$100] of fines or costs for each eight hours of community
  service performed under this article.
         SECTION 6.  Article 43.09(a), Code of Criminal Procedure, as
  amended by this Act, applies to a defendant who is confined or
  performs labor to discharge fines or costs on or after the effective
  date of this Act, regardless of whether the offense for which the
  fines or costs were imposed occurred before, on, or after the
  effective date of this Act.
         SECTION 7.  The changes in law made by this Act to Articles
  43.09(k) and 45.049(e), Code of Criminal Procedure, Article
  45.0492(g), Code of Criminal Procedure, as added by Chapter 227
  (H.B. 350), Acts of the 82nd Legislature, Regular Session, 2011,
  and Article 45.0492(h), Code of Criminal Procedure, as added by
  Chapter 777 (H.B. 1964), Acts of the 82nd Legislature, Regular
  Session, 2011, apply to a defendant who performs community service
  to discharge fines or costs on or after the effective date of this
  Act, regardless of whether the offense for which the fines or costs
  were imposed occurred before, on, or after the effective date of
  this Act.
         SECTION 8.  Article 45.041(c-1), Code of Criminal Procedure,
  as amended by this Act, applies to a defendant who is sentenced for
  an offense on or after the effective date of this Act, regardless of
  whether the offense was committed before, on, or after that date.
         SECTION 9.  This Act takes effect September 1, 2023.