| |
| |
|
|
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 45A.251(e), Code of Criminal Procedure, |
|
|
is amended to read as follows: |
|
|
(e) In addition to credit under Subsection (d), in imposing |
|
|
a fine and costs in a case involving a misdemeanor punishable by |
|
|
fine only, the justice or judge shall credit the defendant for any |
|
|
period 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 45A.254(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 45A.459(i), Code of Criminal Procedure, |
|
|
is amended to read as follows: |
|
|
(i) 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 45A.460(i), Code of Criminal Procedure, |
|
|
is amended to read as follows: |
|
|
(i) 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), 45A.254(e), 45A.459(i), and 45A.460(i), Code of Criminal |
|
|
Procedure, 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 45A.251(e), 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, 2025. |