Bill Text: TX SB1637 | 2019-2020 | 86th Legislature | Comm Sub
Bill Title: Relating to the administrative, civil, and criminal consequences, including fines, fees, and costs, imposed on persons arrested for, charged with, or convicted of certain criminal offenses.
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Engrossed - Dead) 2019-05-22 - Point of order sustained Rule 8, Section 13(c) [SB1637 Detail]
Download: Texas-2019-SB1637-Comm_Sub.html
By: Zaffirini, et al. | S.B. No. 1637 | |
(Collier, Thompson of Harris) | ||
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relating to the administrative, civil, and criminal consequences, | ||
including fines, fees, and costs, imposed on persons arrested for, | ||
charged with, or convicted of certain criminal offenses. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Chapter 1, Code of Criminal Procedure, is | ||
amended by adding Article 1.053 to read as follows: | ||
Art. 1.053. PRESENT ABILITY TO PAY. Except as otherwise | ||
specifically provided, in determining a defendant's ability to pay | ||
for any purpose, the court shall consider only the defendant's | ||
present ability to pay. | ||
SECTION 2. Article 43.015, Code of Criminal Procedure, is | ||
amended by adding Subdivision (3) to read as follows: | ||
(3) "Cost" includes any fee imposed on a defendant by | ||
the court at the time a judgment is entered. | ||
SECTION 3. Chapter 43, Code of Criminal Procedure, is | ||
amended by adding Article 43.035 to read as follows: | ||
Art. 43.035. RECONSIDERATION OF FINE OR COSTS. (a) If a | ||
defendant notifies the court that the defendant has difficulty | ||
paying the fine and costs in compliance with the judgment, the court | ||
shall hold a hearing to determine whether that portion of the | ||
judgment imposes an undue hardship on the defendant. | ||
(b) For purposes of Subsection (a), a defendant may notify | ||
the court by: | ||
(1) voluntarily appearing and informing the court or | ||
the clerk of the court in the manner established by the court for | ||
that purpose; | ||
(2) filing a motion with the court; | ||
(3) mailing a letter to the court; or | ||
(4) any other method established by the court for that | ||
purpose. | ||
(c) If the court determines at the hearing under Subsection | ||
(a) that the portion of the judgment regarding the fine and costs | ||
imposes an undue hardship on the defendant, the court shall | ||
consider whether the fine and costs should be satisfied through one | ||
or more methods listed under Article 42.15(a-1). | ||
(d) The court may decline to hold a hearing under Subsection | ||
(a) if the court: | ||
(1) previously held a hearing under that subsection | ||
with respect to the case and is able to determine without | ||
holding a hearing that the portion of the judgment regarding the | ||
fine and costs does not impose an undue hardship on the | ||
defendant; or | ||
(2) is able to determine without holding a hearing | ||
that: | ||
(A) the applicable portion of the judgment | ||
imposes an undue hardship on the defendant; and | ||
(B) the fine and costs should be satisfied | ||
through one or more methods listed under Article 42.15(a-1). | ||
(e) The court retains jurisdiction for the purpose of making | ||
a determination under this article. | ||
SECTION 4. The heading to Article 43.05, Code of Criminal | ||
Procedure, is amended to read as follows: | ||
Art. 43.05. ISSUANCE AND RECALL OF CAPIAS PRO FINE [ |
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SECTION 5. Article 43.05(a-1), 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: | ||
(a-1) A court may not issue a capias pro fine for the | ||
defendant's failure to satisfy the judgment according to its terms | ||
unless the court holds a hearing to determine whether the judgment | ||
imposes an undue hardship on the defendant [ |
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(1) [ |
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(2) comply with an order issued under Subsection (a-3) | ||
as a result of the hearing [ |
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SECTION 6. Article 43.05, Code of Criminal Procedure, is | ||
amended by amending Subsection (a-2) and adding Subsections (a-3) | ||
and (a-4) to read as follows: | ||
(a-2) If the court determines at the hearing under | ||
Subsection (a-1) that the judgment imposes an undue hardship on the | ||
defendant, the court shall determine whether the fine and costs | ||
should be satisfied through one or more methods listed under | ||
Article 42.15(a-1). The court retains jurisdiction for the purpose | ||
of making a determination under this subsection. | ||
(a-3) If the court determines at the hearing under | ||
Subsection (a-1) that the judgment does not impose an undue | ||
hardship on the defendant, the court shall order the defendant to | ||
comply with the judgment not later than the 30th day after the date | ||
the determination is made. | ||
(a-4) The court shall recall a capias pro fine if, before | ||
the capias pro fine is executed, the defendant: | ||
(1) provides notice to the court under Article 43.035 | ||
and a hearing is set under that article; or | ||
(2) [ |
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good faith effort to resolve the capias pro fine [ |
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SECTION 7. Article 43.09(f), Code of Criminal Procedure, is | ||
amended to read as follows: | ||
(f) 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. The court may allow a defendant to | ||
perform the required community service in the county in which the | ||
defendant resides. | ||
SECTION 8. Article 43.091, Code of Criminal Procedure, is | ||
amended to read as follows: | ||
Art. 43.091. WAIVER OF PAYMENT OF FINES AND COSTS FOR | ||
CERTAIN DEFENDANTS AND FOR CHILDREN. (a) A court may waive | ||
payment of all or part of a fine [ |
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the court determines that: | ||
(1) the defendant is indigent or does not have | ||
sufficient resources or income to pay all or part of the fine [ |
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defined by Article 45.058(h); and | ||
(2) each alternative method of discharging the fine | ||
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hardship on the defendant. | ||
(b) A determination of undue hardship made under Subsection | ||
(a)(2) is in the court's discretion. In making that determination, | ||
the court may consider, as applicable, the defendant's: | ||
(1) significant physical or mental impairment or | ||
disability; | ||
(2) pregnancy and childbirth; | ||
(3) substantial family commitments or | ||
responsibilities, including child or dependent care; | ||
(4) work responsibilities and hours; | ||
(5) transportation limitations; | ||
(6) homelessness or housing insecurity; and | ||
(7) any other factor the court determines relevant. | ||
(c) A court may waive payment of all or part of the costs | ||
imposed on a defendant if the court determines that the defendant: | ||
(1) is indigent or does not have sufficient resources | ||
or income to pay all or part of the costs; or | ||
(2) was, at the time the offense was committed, a child | ||
as defined by Article 45.058(h). | ||
(d) This subsection applies only to a defendant placed on | ||
community supervision, including deferred adjudication community | ||
supervision, whose fine or costs are wholly or partly waived under | ||
this article. At any time during the defendant's period of | ||
community supervision, the court, on the court's own motion or by | ||
motion of the attorney representing the state, may reconsider the | ||
waiver of the fine or costs. After providing written notice to the | ||
defendant and an opportunity for the defendant to present | ||
information relevant to the defendant's ability to pay, the court | ||
may order the defendant to pay all or part of the waived amount of | ||
the fine or costs only if the court determines that the defendant | ||
has sufficient resources or income to pay that amount. | ||
SECTION 9. Subchapter A, Chapter 45, Code of Criminal | ||
Procedure, is amended by adding Article 45.004 to read as follows: | ||
Art. 45.004. GENERAL DEFINITION. In this chapter, "cost" | ||
includes any fee imposed on a defendant by the justice or judge at | ||
the time a judgment is entered. | ||
SECTION 10. Subchapter B, Chapter 45, Code of Criminal | ||
Procedure, is amended by adding Articles 45.0201 and 45.0445 to | ||
read as follows: | ||
Art. 45.0201. APPEARANCE BY TELEPHONE OR VIDEOCONFERENCE. | ||
If the justice or judge determines that requiring a defendant to | ||
appear before the justice or judge in person for a hearing under | ||
Article 45.0445 or 45.045 would impose an undue hardship on the | ||
defendant, the justice or judge may allow the defendant to appear by | ||
telephone or videoconference. | ||
Art. 45.0445. RECONSIDERATION OF FINE OR COSTS. (a) If | ||
the defendant notifies the justice or judge that the defendant has | ||
difficulty paying the fine and costs in compliance with the | ||
judgment, the justice or judge shall hold a hearing to determine | ||
whether the judgment imposes an undue hardship on the defendant. | ||
(b) For purposes of Subsection (a), a defendant may notify | ||
the justice or judge by: | ||
(1) voluntarily appearing and informing the justice or | ||
judge or the clerk of the court in the manner established by the | ||
justice or judge for that purpose; | ||
(2) filing a motion with the justice or judge; | ||
(3) mailing a letter to the justice or judge; or | ||
(4) any other method established by the justice or | ||
judge for that purpose. | ||
(c) If the justice or judge determines at the hearing under | ||
Subsection (a) that the judgment imposes an undue hardship on the | ||
defendant, the justice or judge shall consider whether to allow the | ||
defendant to satisfy the fine and costs through one or more methods | ||
listed under Article 45.041(a-1). | ||
(d) The justice or judge may decline to hold a hearing under | ||
Subsection (a) if the justice or judge: | ||
(1) previously held a hearing under that subsection | ||
with respect to the case and is able to determine without holding a | ||
hearing that the judgment does not impose an undue hardship on the | ||
defendant; or | ||
(2) is able to determine without holding a hearing | ||
that: | ||
(A) the judgment imposes an undue hardship on the | ||
defendant; and | ||
(B) the fine and costs should be satisfied | ||
through one or more methods listed under Article 45.041(a-1). | ||
(e) The justice or judge retains jurisdiction for the | ||
purpose of making a determination under this article. | ||
SECTION 11. Article 45.045(a-2), 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: | ||
(a-2) The court may not issue a capias pro fine for the | ||
defendant's failure to satisfy the judgment according to its terms | ||
unless the court holds a hearing to determine whether the judgment | ||
imposes an undue hardship on the defendant [ |
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(1) [ |
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(2) comply with an order issued under Subsection (a-4) | ||
as a result of the hearing [ |
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SECTION 12. Article 45.045, Code of Criminal Procedure, is | ||
amended by amending Subsection (a-3) and adding Subsections (a-4) | ||
and (a-5) to read as follows: | ||
(a-3) If the justice or judge determines at the hearing | ||
under Subsection (a-2) that the judgment imposes an undue hardship | ||
on the defendant, the justice or judge shall determine whether the | ||
fine and costs should be satisfied through one or more methods | ||
listed under Article 45.041(a-1). The justice or judge retains | ||
jurisdiction for the purpose of making a determination under this | ||
subsection. | ||
(a-4) If the justice or judge determines at the hearing | ||
under Subsection (a-2) that the judgment does not impose an undue | ||
hardship on the defendant, the justice or judge shall order the | ||
defendant to comply with the judgment not later than the 30th day | ||
after the date the determination is made. | ||
(a-5) The court shall recall a capias pro fine if, before | ||
the capias pro fine is executed, the defendant: | ||
(1) provides notice to the justice or judge under | ||
Article 45.0445 and a hearing is set under that article; or | ||
(2) [ |
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good faith effort to resolve the capias pro fine [ |
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SECTION 13. Article 45.049, Code of Criminal Procedure, is | ||
amended by adding Subsection (a-1) to read as follows: | ||
(a-1) A justice or judge may allow a defendant to perform in | ||
the county in which the defendant resides any community service | ||
required under this article. | ||
SECTION 14. Article 45.0491, Code of Criminal Procedure, is | ||
amended to read as follows: | ||
Art. 45.0491. WAIVER OF PAYMENT OF FINES AND COSTS FOR | ||
CERTAIN DEFENDANTS AND FOR CHILDREN. (a) A municipal court, | ||
regardless of whether the court is a court of record, or a justice | ||
court may waive payment of all or part of a fine [ |
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on a defendant if the court determines that: | ||
(1) the defendant is indigent or does not have | ||
sufficient resources or income to pay all or part of the fine [ |
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defined by Article 45.058(h); and | ||
(2) discharging the fine [ |
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45.049 or as otherwise authorized by this chapter would impose an | ||
undue hardship on the defendant. | ||
(b) A defendant is presumed to be indigent or to not have | ||
sufficient resources or income to pay all or part of the fine or | ||
costs for purposes of Subsection (a) or (d) if the defendant: | ||
(1) is in the conservatorship of the Department of | ||
Family and Protective Services, or was in the conservatorship of | ||
that department at the time of the offense; or | ||
(2) is designated as a homeless child or youth or an | ||
unaccompanied youth, as those terms are defined by 42 U.S.C. | ||
Section 11434a, or was so designated at the time of the offense. | ||
(c) A determination of undue hardship made under Subsection | ||
(a)(2) is in the court's discretion. In making that determination, | ||
the court may consider, as applicable, the defendant's: | ||
(1) significant physical or mental impairment or | ||
disability; | ||
(2) pregnancy and childbirth; | ||
(3) substantial family commitments or | ||
responsibilities, including child or dependent care; | ||
(4) work responsibilities and hours; | ||
(5) transportation limitations; | ||
(6) homelessness or housing insecurity; and | ||
(7) any other factors the court determines relevant. | ||
(d) A municipal court, regardless of whether the court is a | ||
court of record, or a justice court may waive payment of all or part | ||
of the costs imposed on a defendant if the court determines that the | ||
defendant: | ||
(1) is indigent or does not have sufficient resources | ||
or income to pay all or part of the costs; or | ||
(2) was, at the time the offense was committed, a child | ||
as defined by Article 45.058(h). | ||
SECTION 15. Article 45.051(a-1), Code of Criminal | ||
Procedure, as amended by Chapters 227 (H.B. 350) and 777 (H.B. | ||
1964), Acts of the 82nd Legislature, Regular Session, 2011, is | ||
reenacted and amended to read as follows: | ||
(a-1) Notwithstanding any other provision of law, as an | ||
alternative to requiring a defendant charged with one or more | ||
offenses to make payment of all court costs as required by | ||
Subsection (a), the judge may: | ||
(1) allow the defendant to enter into an agreement for | ||
payment of those costs in installments during the defendant's | ||
period of probation; | ||
(2) require an eligible defendant to discharge all or | ||
part of those costs by performing community service or attending a | ||
tutoring program under Article 45.049 or 45.0492; [ |
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(3) waive all or part of the court costs under Article | ||
45.0491(d); or | ||
(4) take any combination of actions authorized by | ||
Subdivision (1), [ |
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SECTION 16. Section 702.003, Transportation Code, is | ||
amended by adding Subsections (b-1), (g), and (h) and amending | ||
Subsections (c) and (e-1) to read as follows: | ||
(b-1) Information that is provided to make a determination | ||
under Subsection (a) and that concerns an outstanding warrant from | ||
the municipality for failure to pay a fine expires on the second | ||
anniversary of the date the information was provided and may not be | ||
used to refuse registration after that date. Once information | ||
about an outstanding warrant for failure to pay a fine is provided | ||
under Subsection (b), subsequent information about other warrants | ||
for failure to pay a fine that are issued before the second | ||
anniversary of the date the initial information was provided may | ||
not be used, either before or after the second anniversary of that | ||
date, to refuse registration under this section unless the motor | ||
vehicle is no longer subject to refusal of registration because of | ||
notice received under Subsection (c). | ||
(c) A municipality that has a contract under Subsection (b) | ||
shall notify the county assessor-collector or the department | ||
regarding a person for whom the county assessor-collector or the | ||
department has refused to register a motor vehicle on: | ||
(1) entry of a judgment against the person and the | ||
person's payment to the court or other means of discharge, | ||
including a waiver, of the fine for the violation and of all court | ||
costs; | ||
(2) perfection of an appeal of the case for which the | ||
arrest warrant was issued; or | ||
(3) dismissal of the charge for which the arrest | ||
warrant was issued. | ||
(e-1) Except as otherwise provided by this section, a [ |
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municipality that has a contract under Subsection (b) may impose an | ||
additional $20 fee to a person who has an outstanding warrant from | ||
the municipality for failure to appear or failure to pay a fine on a | ||
complaint that involves the violation of a traffic law. The | ||
additional fee may be used only to reimburse the department or the | ||
county assessor-collector for its expenses for providing services | ||
under the contract, or another county department for expenses | ||
related to services under the contract. | ||
(g) A municipal court judge or justice of the peace who has | ||
jurisdiction over the underlying offense may waive an additional | ||
fee imposed under Subsection (e-1) if the judge or justice makes a | ||
finding that the defendant is economically unable to pay the fee or | ||
that good cause exists for the waiver. | ||
(h) If a municipality is notified that the court having | ||
jurisdiction over the underlying offense has waived the fine that | ||
is the subject of the warrant due to the defendant's indigency, the | ||
municipality may not impose an additional fee on the defendant | ||
under Subsection (e-1). | ||
SECTION 17. The following provisions of the Code of | ||
Criminal Procedure are repealed: | ||
(1) Article 42.15(a-1), as added by Chapter 977 (H.B. | ||
351), Acts of the 85th Legislature, Regular Session, 2017; | ||
(2) Article 43.05(a-1), as added by Chapter 977 (H.B. | ||
351), Acts of the 85th Legislature, Regular Session, 2017; | ||
(3) Article 45.041(a-1), as added by Chapter 977 (H.B. | ||
351), Acts of the 85th Legislature, Regular Session, 2017; and | ||
(4) Article 45.045(a-2), as added by Chapter 977 (H.B. | ||
351), Acts of the 85th Legislature, Regular Session, 2017. | ||
SECTION 18. Notwithstanding Section 32, Chapter 977 (H.B. | ||
351), and Section 28, Chapter 1127 (S.B. 1913), Acts of the 85th | ||
Legislature, Regular Session, 2017, Section 706.006, | ||
Transportation Code, as amended by those Acts, applies to any fee | ||
assessed on or after the effective date of this Act, regardless of | ||
whether the offense, complaint, citation, or other violation giving | ||
rise to the fee occurred before, on, or after the effective date of | ||
this Act. | ||
SECTION 19. Articles 1.053 and 45.0201, Code of Criminal | ||
Procedure, as added by this Act, apply to a proceeding that | ||
commences before, on, or after the effective date of this Act. | ||
SECTION 20. Articles 43.035 and 45.0445, Code of Criminal | ||
Procedure, as added by this Act, apply to a notification received by | ||
a court on or after the effective date of this Act, regardless of | ||
whether the judgment of conviction was entered before, on, or after | ||
the effective date of this Act. | ||
SECTION 21. The changes in law made by this Act to Articles | ||
43.09, 43.091, 45.049, 45.0491, and 45.051, Code of Criminal | ||
Procedure, apply to a sentencing proceeding that commences before, | ||
on, or after the effective date of this Act. | ||
SECTION 22. The change in law made by this Act to Articles | ||
43.05 and 45.045, Code of Criminal Procedure, applies only to a | ||
capias pro fine issued on or after the effective date of this Act. A | ||
capias pro fine issued before the effective date of this Act is | ||
governed by the law in effect on the date the capias pro fine was | ||
issued, and the former law is continued in effect for that purpose. | ||
SECTION 23. The changes in law made by this Act to Section | ||
702.003, Transportation Code, apply 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 on the date 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 24. This Act takes effect September 1, 2019. |