Bill Text: TX HB569 | 2021-2022 | 87th Legislature | Enrolled

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Bill Title: Relating to credit toward payment of a fine and costs for certain misdemeanants confined in jail or prison before sentencing.

Spectrum: Slight Partisan Bill (Democrat 14-9)

Status: (Passed) 2021-06-15 - Effective on 9/1/21 [HB569 Detail]

Download: Texas-2021-HB569-Enrolled.html

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H.B. No. 569

AN ACT
relating to credit toward payment of a fine and costs for certain
misdemeanants confined in jail or prison before sentencing.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. This Act may be cited as the Bonton Farms Act.
SECTION 2. Article 45.014(e), Code of Criminal Procedure,
as added by Chapter 1127 (S.B. 1913), Acts of the 85th Legislature,
Regular Session, 2017, is amended to read as follows:
(e) A justice or judge may not issue an arrest warrant for
the defendant's failure to appear at the initial court setting,
including failure to appear as required by a citation issued under
Article 14.06(b), unless:
(1) the justice or judge provides by telephone or
regular mail to the defendant notice that includes:
(A) a date and time, occurring within the 30-day
period following the date that notice is provided, when the
defendant must appear before the justice or judge;
(B) the name and address of the court with
jurisdiction in the case;
(C) information regarding alternatives to the
full payment of any fine or costs owed by the defendant, if the
defendant is unable to pay that amount;
(D) a statement that the defendant may be
entitled to a credit toward any fine or costs owed by the defendant
if the defendant was confined in jail or prison after the commission
of the offense for which the notice is given; and
(E) [(D)] an explanation of the consequences if
the defendant fails to appear before the justice or judge as
required by this article; and
(2) the defendant fails to appear before the justice
or judge as required by this article.
SECTION 3. Article 45.041, Code of Criminal Procedure, is
amended by amending Subsection (c) and adding Subsection (c-1) to
read as follows:
(c) The justice or judge shall credit the defendant for time
served in jail as provided by Article 42.03. The credit under this
subsection shall be applied to the amount of the fine and costs at
the rate provided by Article 45.048.
(c-1) In addition to credit under Subsection (c), in
imposing a fine and costs in a case involving a misdemeanor
punishable by a fine only, the justice or judge shall credit the
defendant for any time the defendant was confined in jail or prison
while 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 4. 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 $150 [$100]
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 $150 [$100] of the fine and costs.
SECTION 5. Article 45.014(e), Code of Criminal Procedure,
as added by Chapter 977 (H.B. 351), Acts of the 85th Legislature,
Regular Session, 2017, is repealed.
SECTION 6. Article 45.041(c-1), Code of Criminal Procedure,
as added 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 is committed before, on, or after the effective
date of this Act.
SECTION 7. Article 45.048, Code of Criminal Procedure, as
amended by this Act, 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 8. This Act takes effect September 1, 2021.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 569 was passed by the House on April
14, 2021, by the following vote: Yeas 148, Nays 1, 1 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 569 on May 18, 2021, by the following vote: Yeas 144, Nays 0, 1
present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 569 was passed by the Senate, with
amendments, on May 13, 2021, by the following vote: Yeas 30, Nays
0.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor