Bill Text: TX HB1921 | 2023-2024 | 88th Legislature | Comm Sub


Bill Title: Relating to the amount of a fine and costs discharged by a defendant while confined in jail or engaged in labor.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2023-05-11 - Placed on General State Calendar [HB1921 Detail]

Download: Texas-2023-HB1921-Comm_Sub.html
  88R8827 MCF-D
 
  By: Dutton H.B. No. 1921
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the amount of a fine and costs discharged by a defendant
  while confined in jail or engaged in labor.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Article 43.09(a), Code of Criminal Procedure, is
  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
  $200 [$100] for each day and rating such labor at $200 [$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.
         SECTION 2.  Article 45.048, Code of Criminal Procedure, is
  amended to read as follows:
         Art. 45.048.  DISCHARGED FROM JAIL. (a)  A defendant placed
  in jail on account of failure to pay the fine and costs shall be
  discharged on habeas corpus by showing that the defendant:
               (1)  is too poor to pay the fine and costs; or
               (2)  has remained in jail a sufficient length of time to
  satisfy the fine and costs, at the rate of not less than $200 [$150]
  for each period served, as specified by the convicting court in the
  judgment in the case.
         (b)  A convicting court may specify a period that is not less
  than eight hours or more than 24 hours as the period for which a
  defendant who fails to pay the fine and costs in the case must
  remain in jail to satisfy $200 [$150] of the fine and costs.
         SECTION 3.  (a)  The change in law made by this Act to Article
  43.09(a), Code of Criminal Procedure, applies only to a defendant
  convicted of a misdemeanor on or after the effective date of this
  Act, regardless of whether the misdemeanor was committed before,
  on, or after the effective date of this Act.
         (b)  The change in law made by this Act to Article 45.048,
  Code of Criminal Procedure, applies to a defendant who is placed in
  jail on or after the effective date of this Act for failure to pay
  the fine and costs imposed on conviction of an offense, regardless
  of whether the offense for which the defendant was convicted was
  committed before, on, or after the effective date of this Act.
         SECTION 4.  This Act takes effect September 1, 2023.
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