Bill Text: TX HB27 | 2011-2012 | 82nd Legislature | Enrolled
Bill Title: Relating to the payment of fines and costs by defendants who are unable to pay the fines and costs in misdemeanor cases.
Spectrum: Bipartisan Bill
Status: (Passed) 2011-06-17 - Effective on 9/1/11 [HB27 Detail]
Download: Texas-2011-HB27-Enrolled.html
H.B. No. 27 |
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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 [ |
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and costs, a court may direct a defendant: | ||
(1) to pay the entire fine and costs when sentence is | ||
pronounced; [ |
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(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 [ |
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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 |