Bill Text: TX HB27 | 2011-2012 | 82nd Legislature | Enrolled

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Bill Title: Relating to the payment of fines and costs by defendants who are unable to pay the fines and costs in misdemeanor cases.

Sponsorship: Bipartisan Bill

Status: (Passed) 2011-06-17 - Effective on 9/1/11 [HB27 Detail]

Download: Texas-2011-HB27-Enrolled.html

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H.B. No. 27

AN ACT
relating to the payment of fines and costs by defendants who are
unable to pay the fines and costs in misdemeanor cases.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Article 42.15, Code of Criminal
Procedure, is amended to read as follows:
Art. 42.15. FINES AND COSTS.
SECTION 2. Article 42.15, Code of Criminal Procedure, is
amended by amending Subsection (b) and adding Subsection (c) to
read as follows:
(b) Subject to Subsection (c), when [When] imposing a fine
and costs, a court may direct a defendant:
(1) to pay the entire fine and costs when sentence is
pronounced; [or]
(2) to pay the entire fine and costs at some later
date; or
(3) to pay a specified portion of the fine and costs at
designated intervals.
(c) When imposing a fine and costs in a misdemeanor case, if
the court determines that the defendant is unable to immediately
pay the fine and costs, the court shall allow the defendant to pay
the fine and costs in specified portions at designated intervals.
SECTION 3. Article 45.041, Code of Criminal Procedure, is
amended by amending Subsection (b) and adding Subsection (b-2) to
read as follows:
(b) Subject to Subsection (b-2), the [The] justice or judge
may direct the defendant:
(1) to pay:
(A) the entire fine and costs when sentence is
pronounced;
(B) the entire fine and costs at some later date;
or
(C) a specified portion of the fine and costs at
designated intervals;
(2) if applicable, to make restitution to any victim
of the offense; and
(3) to satisfy any other sanction authorized by law.
(b-2) When imposing a fine and costs, if the justice or
judge determines that the defendant is unable to immediately pay
the fine and costs, the justice or judge shall allow the defendant
to pay the fine and costs in specified portions at designated
intervals.
SECTION 4. The change in law made by this Act applies only
to an offense committed on or after the effective date of this Act.
An offense committed before the effective date of this Act is
governed by the law in effect at the time the offense was committed,
and the former law is continued in effect for that purpose. For
purposes of this section, an offense was committed before the
effective date of this Act if any element of the offense occurred
before that date.
SECTION 5. This Act takes effect September 1, 2011.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 27 was passed by the House on April 8,
2011, by the following vote: Yeas 80, Nays 42, 2 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 27 was passed by the Senate on May 16,
2011, by the following vote: Yeas 28, Nays 3.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor