Bill Text: TX HB50 | 2017-2018 | 85th Legislature | Introduced


Bill Title: Relating to the discharge or waiver of fines and costs imposed on indigent defendants.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2017-02-13 - Referred to Criminal Jurisprudence [HB50 Detail]

Download: Texas-2017-HB50-Introduced.html
  85R762 KJE-F
 
  By: White H.B. No. 50
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the discharge or waiver of fines and costs imposed on
  indigent defendants.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Article 42.15(b), Code of Criminal Procedure, is
  amended to read as follows:
         (b)  Subject to Subsections (c) and (d) and Article 43.09(f),
  when imposing a fine and costs, a court may direct a defendant:
               (1)  to pay the entire fine and costs when sentence is
  pronounced;
               (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.
         SECTION 2.  Article 43.09(f), Code of Criminal Procedure, is
  amended to read as follows:
         (f)  At sentencing or at any time after sentencing, a [A]
  court may require a defendant who is unable to pay a fine or costs to
  discharge all or part of the fine or costs by performing community
  service.
         SECTION 3.  Article 43.091, Code of Criminal Procedure, is
  amended to read as follows:
         Art. 43.091.  WAIVER OF PAYMENT OF FINES AND COSTS FOR
  INDIGENT DEFENDANTS AND CHILDREN. A court may waive payment of a
  fine or cost imposed on a defendant [who defaults in payment] if the
  court determines that:
               (1)  the defendant is indigent or was, at the time the
  offense was committed, a child as defined by Article 45.058(h); and
               (2)  each alternative method of discharging the fine or
  cost under Article 43.09 or 42.15 would impose an undue hardship on
  the defendant.
         SECTION 4.  Article 45.041, Code of Criminal Procedure, is
  amended by amending Subsection (b) and adding Subsection (b-2a) to
  read as follows:
         (b)  Subject to Subsections (b-2), (b-2a), and (b-3), 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-2a)  If in imposing a fine and costs the justice or judge
  determines that the defendant has insufficient resources or income
  to pay the fine or costs, the justice or judge may require the
  defendant to discharge all or part of the fine or costs by
  performing community service as provided by Article 45.049.
         SECTION 5.  Article 45.0491, Code of Criminal Procedure, is
  amended to read as follows:
         Art. 45.0491.  WAIVER OF PAYMENT OF FINES AND COSTS FOR
  INDIGENT DEFENDANTS AND CHILDREN.  A municipal court, regardless
  of whether the court is a court of record, or a justice court may
  waive payment of a fine or costs imposed on a defendant [who
  defaults in payment] if the court determines that:
               (1)  the defendant is indigent or was, at the time the
  offense was committed, a child as defined by Article 45.058(h); and
               (2)  discharging the fine and costs under Article
  45.049 or as otherwise authorized by this chapter would impose an
  undue hardship on the defendant.
         SECTION 6.  The changes in law made by this Act apply to a
  sentencing proceeding that commences before, on, or after the
  effective date of this Act.
         SECTION 7.  This Act takes effect September 1, 2017.
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