Bill Text: TX SB1913 | 2017-2018 | 85th Legislature | Enrolled
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: Moderate Partisan Bill (Democrat 7-1)
Status: (Passed) 2017-06-15 - Effective on 9/1/17 [SB1913 Detail]
Download: Texas-2017-SB1913-Enrolled.html
S.B. No. 1913 |
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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. Article 14.06(b), Code of Criminal Procedure, is | ||
amended to read as follows: | ||
(b) A peace officer who is charging a person, including a | ||
child, with committing an offense that is a Class C misdemeanor, | ||
other than an offense under Section 49.02, Penal Code, may, instead | ||
of taking the person before a magistrate, issue a citation to the | ||
person that contains: | ||
(1) written notice of the time and place the person | ||
must appear before a magistrate; | ||
(2) [ |
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(3) [ |
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(4) information regarding the alternatives to the full | ||
payment of any fine or costs assessed against the person, if the | ||
person is convicted of the offense and is unable to pay that | ||
amount;[ |
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(5) the following admonishment, in boldfaced or | ||
underlined type or in capital letters: | ||
"If you are convicted of a misdemeanor offense involving | ||
violence where you are or were a spouse, intimate partner, parent, | ||
or guardian of the victim or are or were involved in another, | ||
similar relationship with the victim, it may be unlawful for you to | ||
possess or purchase a firearm, including a handgun or long gun, or | ||
ammunition, pursuant to federal law under 18 U.S.C. Section | ||
922(g)(9) or Section 46.04(b), Texas Penal Code. If you have any | ||
questions whether these laws make it illegal for you to possess or | ||
purchase a firearm, you should consult an attorney." | ||
SECTION 2. Section 4(a), Article 17.42, Code of Criminal | ||
Procedure, is amended to read as follows: | ||
(a) Except as otherwise provided by this subsection, if [ |
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a court releases an accused on personal bond on the recommendation | ||
of a personal bond office, the court shall assess a personal bond | ||
fee of $20 or three percent of the amount of the bail fixed for the | ||
accused, whichever is greater. The court may waive the fee or | ||
assess a lesser fee if good cause is shown. A court that requires a | ||
defendant to give a personal bond under Article 45.016 may not | ||
assess a personal bond fee under this subsection. | ||
SECTION 3. Article 27.14(b), Code of Criminal Procedure, is | ||
amended to read as follows: | ||
(b) A defendant charged with a misdemeanor for which the | ||
maximum possible punishment is by fine only may, in lieu of the | ||
method provided in Subsection (a) [ |
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deliver in person to the court a plea of "guilty" or a plea of "nolo | ||
contendere" and a waiver of jury trial. The defendant may also | ||
request in writing that the court notify the defendant, at the | ||
address stated in the request, of the amount of an appeal bond that | ||
the court will approve. If the court receives a plea and waiver | ||
before the time the defendant is scheduled to appear in court, the | ||
court shall dispose of the case without requiring a court | ||
appearance by the defendant. If the court receives a plea and | ||
waiver after the time the defendant is scheduled to appear in court | ||
but at least five business days before a scheduled trial date, the | ||
court shall dispose of the case without requiring a court | ||
appearance by the defendant. The court shall notify the defendant | ||
either in person or by regular [ |
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information regarding the alternatives to the full payment of any | ||
fine or costs assessed against the defendant, if the defendant is | ||
unable to pay that amount, and, if requested by the defendant, the | ||
amount of an appeal bond that the court will approve. Except as | ||
otherwise provided by this code, the [ |
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fine or costs assessed or give an appeal bond in the amount stated | ||
in the notice before the 31st day after receiving the notice. | ||
SECTION 4. Article 42.15, Code of Criminal Procedure, is | ||
amended by adding Subsection (a-1) and amending Subsection (b) to | ||
read as follows: | ||
(a-1) Notwithstanding any other provision of this article, | ||
during or immediately after imposing a sentence in a case in which | ||
the defendant entered a plea in open court as provided by Article | ||
27.13, 27.14(a), or 27.16(a), a court shall inquire whether the | ||
defendant has sufficient resources or income to immediately pay all | ||
or part of the fine and costs. If the court determines that the | ||
defendant does not have sufficient resources or income to | ||
immediately pay all or part of the fine and costs, the court shall | ||
determine whether the fine and costs should be: | ||
(1) subject to Subsection (c), required to be paid at | ||
some later date or in a specified portion at designated intervals; | ||
(2) discharged by performing community service under, | ||
as applicable, Article 43.09(f), Article 45.049, Article 45.0492, | ||
as added by Chapter 227 (H.B. 350), Acts of the 82nd Legislature, | ||
Regular Session, 2011, or Article 45.0492, as added by Chapter 777 | ||
(H.B. 1964), Acts of the 82nd Legislature, Regular Session, 2011; | ||
(3) waived in full or in part under Article 43.091 or | ||
45.0491; or | ||
(4) satisfied through any combination of methods under | ||
Subdivisions (1)-(3). | ||
(b) Subject to Subsections (c) and (d) and Article 43.091, | ||
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 5. Article 43.05, Code of Criminal Procedure, is | ||
amended by adding Subsections (a-1) and (a-2) 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 on the defendant's ability to | ||
satisfy the judgment and: | ||
(1) the defendant fails to appear at the hearing; or | ||
(2) based on evidence presented at the hearing, the | ||
court determines that the capias pro fine should be issued. | ||
(a-2) The court shall recall a capias pro fine if, before | ||
the capias pro fine is executed: | ||
(1) the defendant voluntarily appears to resolve the | ||
amount owed; and | ||
(2) the amount owed is resolved in any manner | ||
authorized by this code. | ||
SECTION 6. Article 43.09, Code of Criminal Procedure, is | ||
amended by amending Subsections (a), (g), (h), (j), and (l) and | ||
adding Subsection (h-1) to read as follows: | ||
(a) When a defendant is convicted of a misdemeanor and the | ||
defendant's [ |
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confined in a jail after conviction of a felony for which a fine is | ||
imposed, if the defendant [ |
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adjudged against the defendant [ |
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such time as will satisfy the judgment be put to work in the county | ||
jail industries program, in the workhouse, or on the county farm, or | ||
public improvements and maintenance projects of the county or a | ||
political subdivision located in whole or in part in the county, as | ||
provided in Article 43.10 [ |
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[ |
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improvements and maintenance projects, the defendant [ |
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confined in jail for a sufficient length of time to discharge the | ||
full amount of fine and costs adjudged against the defendant [ |
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rating such confinement at $100 [ |
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labor at $100 [ |
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defendant may pay the pecuniary fine assessed against the defendant | ||
[ |
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county jail industries program, in the workhouse, or on the county | ||
farm, or on the public improvements and maintenance projects of the | ||
county or a political subdivision located in whole or in part in the | ||
county, or while the defendant [ |
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[ |
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subsection during the time that the defendant [ |
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the defendant [ |
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of the pecuniary fine assessed against the defendant [ |
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defendant who performs labor under this article during a day in | ||
which the defendant [ |
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for confinement and the credit for labor provided by this article. | ||
(g) In the court's [ |
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perform [ |
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(f) [ |
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(1) the number of hours of community service the | ||
defendant is required to perform [ |
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(2) whether the community supervision and corrections | ||
department or a court-related services office will perform the | ||
administrative duties required by the placement of the defendant in | ||
the community service program; and | ||
(3) the date by which the defendant must submit to the | ||
court documentation verifying the defendant's completion of the | ||
community service. | ||
(h) The court may order the defendant to perform community | ||
service [ |
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(1) by attending a work and job skills training | ||
program, preparatory class for the high school equivalency | ||
examination administered under Section 7.111, Education Code, or | ||
similar activity; or | ||
(2) [ |
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(A) a governmental entity; | ||
(B) [ |
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organization that provides services to the general public that | ||
enhance social welfare and the general well-being of the community, | ||
as determined by the court; or | ||
(C) an educational institution. | ||
(h-1) An [ |
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either on-site or remotely, the defendant in the performance of the | ||
defendant's community service [ |
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community service [ |
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court-related services office. | ||
(j) A court may not order a defendant to perform more than 16 | ||
hours per week of community service under Subsection (f) [ |
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to perform [ |
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hardship on the defendant or the defendant's dependents. | ||
(l) A sheriff, employee of a sheriff's department, county | ||
commissioner, county employee, county judge, an employee of a | ||
community corrections and supervision department, restitution | ||
center, or officer or employee of a political subdivision other | ||
than a county or an entity that accepts a defendant under this | ||
article to perform community service is not liable for damages | ||
arising from an act or failure to act in connection with manual | ||
labor performed by an inmate or community service performed by a | ||
defendant under [ |
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act: | ||
(1) was performed pursuant to confinement or other | ||
court order; and | ||
(2) was not intentional, wilfully or wantonly | ||
negligent, or performed with conscious indifference or reckless | ||
disregard for the safety of others. | ||
SECTION 7. 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 [ |
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payment of all or part of a fine or costs [ |
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defendant [ |
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(1) the defendant is indigent or does not have | ||
sufficient resources or income to pay all or part of the fine or | ||
costs 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 8. Article 45.014, Code of Criminal Procedure, is | ||
amended by adding Subsections (e), (f), and (g) 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; and | ||
(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. | ||
(f) A defendant who receives notice under Subsection (e) may | ||
request an alternative date or time to appear before the justice or | ||
judge if the defendant is unable to appear on the date and time | ||
included in the notice. | ||
(g) A justice or judge shall recall an arrest warrant for | ||
the defendant's failure to appear if the defendant voluntarily | ||
appears and makes a good faith effort to resolve the arrest warrant | ||
before the warrant is executed. | ||
SECTION 9. Article 45.016, Code of Criminal Procedure, is | ||
amended to read as follows: | ||
Art. 45.016. PERSONAL BOND; BAIL BOND. (a) The justice or | ||
judge may require the defendant to give a personal bond [ |
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secure the defendant's appearance in accordance with this code. | ||
(b) The justice or judge may not, either instead of or in | ||
addition to the personal bond, require a defendant to give a bail | ||
bond unless: | ||
(1) the defendant fails to appear in accordance with | ||
this code with respect to the applicable offense; and | ||
(2) the justice or judge determines that: | ||
(A) the defendant has sufficient resources or | ||
income to give a bail bond; and | ||
(B) a bail bond is necessary to secure the | ||
defendant's appearance in accordance with this code. | ||
(c) If before the expiration of a 48-hour period following | ||
the issuance of the applicable order a defendant described by | ||
Subsections (b)(1) and (2) does not give a required bail bond, the | ||
justice or judge: | ||
(1) shall reconsider the requirement for the defendant | ||
to give the bail bond and presume that the defendant does not have | ||
sufficient resources or income to give the bond; and | ||
(2) may require the defendant to give a personal bond. | ||
(d) If the defendant refuses to give a personal bond or, | ||
except as provided by Subsection (c), refuses or otherwise fails to | ||
give a bail bond, the defendant may be held in custody. | ||
SECTION 10. Article 45.041, Code of Criminal Procedure, is | ||
amended by adding Subsection (a-1) and amending Subsection (b) to | ||
read as follows: | ||
(a-1) Notwithstanding any other provision of this article, | ||
during or immediately after imposing a sentence in a case in which | ||
the defendant entered a plea in open court as provided by Article | ||
27.14(a) or 27.16(a), the justice or judge shall inquire whether | ||
the defendant has sufficient resources or income to immediately pay | ||
all or part of the fine and costs. If the justice or judge | ||
determines that the defendant does not have sufficient resources or | ||
income to immediately pay all or part of the fine and costs, the | ||
justice or judge shall determine whether the fine and costs should | ||
be: | ||
(1) subject to Subsection (b-2), required to be paid | ||
at some later date or in a specified portion at designated | ||
intervals; | ||
(2) discharged by performing community service under, | ||
as applicable, Article 45.049, Article 45.0492, as added by Chapter | ||
227 (H.B. 350), Acts of the 82nd Legislature, Regular Session, | ||
2011, or Article 45.0492, as added by Chapter 777 (H.B. 1964), Acts | ||
of the 82nd Legislature, Regular Session, 2011; | ||
(3) waived in full or in part under Article 45.0491; or | ||
(4) satisfied through any combination of methods under | ||
Subdivisions (1)-(3). | ||
(b) Subject to Subsections (b-2) and (b-3) and Article | ||
45.0491, 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. | ||
SECTION 11. Article 45.0425(a), Code of Criminal Procedure, | ||
is amended to read as follows: | ||
(a) If the court from whose judgment and sentence the appeal | ||
is taken is in session, the court must approve the bail. The amount | ||
of an appeal [ |
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of the fine and costs adjudged against the defendant, payable to the | ||
State of Texas. The appeal bond [ |
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amount [ |
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the requirements of this code, the court without requiring a court | ||
appearance by the defendant shall approve the appeal bond in the | ||
amount the court under Article 27.14(b) notified the defendant | ||
would be approved. | ||
SECTION 12. Article 45.045, Code of Criminal Procedure, is | ||
amended by adding Subsections (a-2) and (a-3) 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 on the defendant's ability to | ||
satisfy the judgment and: | ||
(1) the defendant fails to appear at the hearing; or | ||
(2) based on evidence presented at the hearing, the | ||
court determines that the capias pro fine should be issued. | ||
(a-3) The court shall recall a capias pro fine if, before | ||
the capias pro fine is executed: | ||
(1) the defendant voluntarily appears to resolve the | ||
amount owed; and | ||
(2) the amount owed is resolved in any manner | ||
authorized by this chapter. | ||
SECTION 13. Article 45.046(a), Code of Criminal Procedure, | ||
is amended to read as follows: | ||
(a) When a judgment and sentence have been entered against a | ||
defendant and the defendant defaults in the discharge of the | ||
judgment, the judge may order the defendant confined in jail until | ||
discharged by law if the judge at a hearing makes a written | ||
determination that: | ||
(1) the defendant is not indigent and has failed to | ||
make a good faith effort to discharge the fine or [ |
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(2) the defendant is indigent and: | ||
(A) has failed to make a good faith effort to | ||
discharge the fine or [ |
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(B) could have discharged the fine or [ |
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costs under Article 45.049 without experiencing any undue hardship. | ||
SECTION 14. 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 $100 [ |
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for each period [ |
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court in the judgment in the case. | ||
(b) A convicting court may specify a period [ |
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is not less than eight hours or more than 24 hours as the period for | ||
which a defendant who fails to pay the fine [ |
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case must remain in jail to satisfy $100 [ |
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costs. | ||
SECTION 15. Article 45.049, Code of Criminal Procedure, is | ||
amended by amending Subsections (b), (c), (d), (e), (f), and (g) and | ||
adding Subsection (c-1) to read as follows: | ||
(b) In the justice's or judge's order requiring a defendant | ||
to perform [ |
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article, the justice or judge must specify: | ||
(1) the number of hours of community service the | ||
defendant is required to perform; and | ||
(2) the date by which the defendant must submit to the | ||
court documentation verifying the defendant's completion of the | ||
community service [ |
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(c) The justice or judge may order the defendant to perform | ||
community service [ |
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(1) by attending a work and job skills training | ||
program, a preparatory class for the high school equivalency | ||
examination administered under Section 7.111, Education Code, or | ||
similar activity; or | ||
(2) [ |
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(A) a governmental entity; | ||
(B) [ |
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organization that provides services to the general public that | ||
enhance social welfare and the general well-being of the community, | ||
as determined by the justice or judge; or | ||
(C) an educational institution. | ||
(c-1) An [ |
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perform community service must agree to supervise, either on-site | ||
or remotely, the defendant in the performance of the defendant's | ||
community service [ |
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service [ |
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service. | ||
(d) A justice or judge may not order a defendant to perform | ||
more than 16 hours per week of community service under this article | ||
unless the justice or judge determines that requiring the defendant | ||
to perform [ |
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hardship on the defendant or the defendant's dependents. | ||
(e) A defendant is considered to have discharged not less | ||
than $100 [ |
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service performed under this article. | ||
(f) A sheriff, employee of a sheriff's department, county | ||
commissioner, county employee, county judge, justice of the peace, | ||
municipal court judge, or officer or employee of a political | ||
subdivision other than a county or an entity that accepts a | ||
defendant under this article to perform community service is not | ||
liable for damages arising from an act or failure to act in | ||
connection with community service [ |
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defendant under this article if the act or failure to act: | ||
(1) was performed pursuant to court order; and | ||
(2) was not intentional, wilfully or wantonly | ||
negligent, or performed with conscious indifference or reckless | ||
disregard for the safety of others. | ||
(g) This subsection applies only to a defendant who is | ||
charged with a traffic offense or an offense under Section 106.05, | ||
Alcoholic Beverage Code, and is a resident of this state. If under | ||
Article 45.051(b)(10), Code of Criminal Procedure, the judge | ||
requires the defendant to perform community service as a condition | ||
of the deferral, the defendant is entitled to elect whether to | ||
perform the required [ |
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(1) the county in which the court is located; or | ||
(2) the county in which the defendant resides, but | ||
only if the applicable entity [ |
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(A) supervise, either on-site or remotely, the | ||
defendant in the performance of the defendant's community service | ||
[ |
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(B) report to the court on the defendant's | ||
community service [ |
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SECTION 16. 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 [ |
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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 or costs | ||
imposed on a defendant [ |
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determines that: | ||
(1) the defendant is indigent or does not have | ||
sufficient resources or income to pay all or part of the fine or | ||
costs or was, at the time the offense was committed, a child as | ||
defined by Article 45.058(h); and | ||
(2) discharging the fine or [ |
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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 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. | ||
SECTION 17. The heading to Article 45.0492, Code of | ||
Criminal Procedure, as added by Chapter 227 (H.B. 350), Acts of the | ||
82nd Legislature, Regular Session, 2011, is amended to read as | ||
follows: | ||
Art. 45.0492. COMMUNITY SERVICE [ |
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SATISFACTION OF FINE OR COSTS FOR CERTAIN JUVENILE DEFENDANTS. | ||
SECTION 18. Article 45.0492, Code of Criminal Procedure, as | ||
added by Chapter 227 (H.B. 350), Acts of the 82nd Legislature, | ||
Regular Session, 2011, is amended by amending Subsections (b), (c), | ||
(d), (f), (g), and (h) and adding Subsection (d-1) to read as | ||
follows: | ||
(b) A justice or judge may require a defendant described by | ||
Subsection (a) to discharge all or part of the fine or costs by | ||
performing community service [ |
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obligation to perform community service [ |
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assessed. | ||
(c) In the justice's or judge's order requiring a defendant | ||
to perform [ |
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(1) the number of hours of community service the | ||
defendant is required to perform; and | ||
(2) the date by which the defendant must submit to the | ||
court documentation verifying the defendant's completion of the | ||
community service [ |
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(d) The justice or judge may order the defendant to perform | ||
community service [ |
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(1) by attending a tutoring program, work and job | ||
skills training program, preparatory class for the high school | ||
equivalency examination administered under Section 7.111, | ||
Education Code, or similar activity; or | ||
(2) [ |
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(A) a governmental entity; | ||
(B) [ |
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organization that provides services to the general public that | ||
enhance social welfare and the general well-being of the community, | ||
as determined by the justice or judge; or | ||
(C) an educational institution. | ||
(d-1) An [ |
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perform community service must agree to supervise, either on-site | ||
or remotely, the defendant in the performance of the defendant's | ||
community service [ |
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service [ |
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service. | ||
(f) A justice or judge may not order a defendant to perform | ||
more than 16 hours of community service per week [ |
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justice or judge determines that requiring the defendant to perform | ||
additional hours [ |
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[ |
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purposes of this subsection, "family" has the meaning assigned by | ||
Section 71.003, Family Code. | ||
(g) A defendant is considered to have discharged not less | ||
than $100 [ |
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service performed [ |
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article. | ||
(h) A sheriff, employee of a sheriff's department, county | ||
commissioner, county employee, county judge, justice of the peace, | ||
municipal court judge, or officer or employee of a political | ||
subdivision other than a county or an entity that accepts a | ||
defendant under this article to perform community service[ |
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|
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damages arising from an act or failure to act in connection with | ||
community service [ |
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article if the act or failure to act: | ||
(1) was performed pursuant to court order; and | ||
(2) was not intentional, grossly negligent, or | ||
performed with conscious indifference or reckless disregard for the | ||
safety of others. | ||
SECTION 19. Article 45.0492, Code of Criminal Procedure, as | ||
added by Chapter 777 (H.B. 1964), Acts of the 82nd Legislature, | ||
Regular Session, 2011, is amended by amending Subsections (c), (d), | ||
(e), and (f) and adding Subsections (d-1) and (h) to read as | ||
follows: | ||
(c) In the justice's or judge's order requiring a defendant | ||
to perform community service under this article, the justice or | ||
judge shall specify: | ||
(1) the number of hours of community service the | ||
defendant is required to perform, [ |
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(2) the date by which the defendant must submit to the | ||
court documentation verifying the defendant's completion of the | ||
community service. | ||
(d) The justice or judge may order the defendant to perform | ||
community service [ |
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(1) by attending a work and job skills training | ||
program, preparatory class for the high school equivalency | ||
examination administered under Section 7.111, Education Code, or | ||
similar activity; or | ||
(2) [ |
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(A) a governmental entity; | ||
(B) [ |
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organization that provides services to the general public that | ||
enhance social welfare and the general well-being of the community, | ||
as determined by the justice or judge; or | ||
(C) an educational institution. | ||
(d-1) An [ |
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perform community service must agree to supervise, either on-site | ||
or remotely, the defendant in the performance of the defendant's | ||
community service [ |
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service [ |
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service. | ||
(e) A justice or judge may not order a defendant to perform | ||
more than 16 hours of community service per week under this article | ||
unless the justice or judge determines that requiring the defendant | ||
to perform additional hours [ |
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[ |
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purposes of this subsection, "family" has the meaning assigned by | ||
Section 71.003, Family Code. | ||
(f) A sheriff, employee of a sheriff's department, county | ||
commissioner, county employee, county judge, justice of the peace, | ||
municipal court judge, or officer or employee of a political | ||
subdivision other than a county or an entity that accepts a | ||
defendant under this article to perform community service is not | ||
liable for damages arising from an act or failure to act in | ||
connection with community service performed by a defendant under | ||
this article if the act or failure to act: | ||
(1) was performed pursuant to court order; and | ||
(2) was not intentional, wilfully or wantonly | ||
negligent, or performed with conscious indifference or reckless | ||
disregard for the safety of others. | ||
(h) A defendant is considered to have discharged not less | ||
than $100 of fines or costs for each eight hours of community | ||
service performed under this article. | ||
SECTION 20. Article 45.051(a), Code of Criminal Procedure, | ||
is amended to read as follows: | ||
(a) On a plea of guilty or nolo contendere by a defendant or | ||
on a finding of guilt in a misdemeanor case punishable by fine only | ||
and payment of all court costs, the judge may defer further | ||
proceedings without entering an adjudication of guilt and place the | ||
defendant on probation for a period not to exceed 180 days. In | ||
issuing the order of deferral, the judge may impose a special | ||
expense fee on the defendant in an amount not to exceed the amount | ||
of the fine that could be imposed on the defendant as punishment for | ||
the offense. The special expense fee may be collected at any time | ||
before the date on which the period of probation ends. The judge | ||
may elect not to impose the special expense fee for good cause shown | ||
by the defendant. If the judge orders the collection of a special | ||
expense fee, the judge shall require that the amount of the special | ||
expense fee be credited toward the payment of the amount of the fine | ||
imposed by the judge. An order of deferral under this subsection | ||
terminates any liability under a [ |
||
given for the charge. | ||
SECTION 21. Article 45.0511(t), Code of Criminal Procedure, | ||
is amended to read as follows: | ||
(t) An order of deferral under Subsection (c) terminates any | ||
liability under a [ |
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charge. | ||
SECTION 22. Article 103.0031(j), Code of Criminal | ||
Procedure, is amended to read as follows: | ||
(j) A communication to the accused person regarding the | ||
amount of payment that is acceptable to the court under the court's | ||
standard policy for resolution of a case must include: | ||
(1) a notice of the person's right to enter a plea or go | ||
to trial on any offense charged; and | ||
(2) a statement that, if the person is unable to pay | ||
the full amount of payment that is acceptable to the court, the | ||
person should contact the court regarding the alternatives to full | ||
payment that are available to resolve the case. | ||
SECTION 23. Section 502.010, Transportation Code, is | ||
amended by amending Subsections (a) and (c) and adding Subsections | ||
(b-1), (i), and (j) to read as follows: | ||
(a) Except as otherwise provided by this section, a [ |
||
county assessor-collector or the department may refuse to register | ||
a motor vehicle if the assessor-collector or the department | ||
receives information that the owner of the vehicle: | ||
(1) owes the county money for a fine, fee, or tax that | ||
is past due; or | ||
(2) failed to appear in connection with a complaint, | ||
citation, information, or indictment in a court in the county in | ||
which a criminal proceeding is pending against the owner. | ||
(b-1) Information that is provided to make a determination | ||
under Subsection (a)(1) and that concerns the past due status of a | ||
fine or fee imposed for a criminal offense and owed to the county | ||
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 a past due fine or fee is provided under | ||
Subsection (b), subsequent information about other fines or fees | ||
that are imposed for a criminal offense and that become past due | ||
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 county that has a contract under Subsection (b) shall | ||
notify the department regarding a person for whom the county | ||
assessor-collector or the department has refused to register a | ||
motor vehicle on: | ||
(1) the person's payment or other means of discharge, | ||
including a waiver, of the past due fine, fee, or tax; or | ||
(2) perfection of an appeal of the case contesting | ||
payment of the fine, fee, or tax. | ||
(i) A municipal court judge or justice of the peace who has | ||
jurisdiction over the underlying offense may waive an additional | ||
fee imposed under Subsection (f) 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. | ||
(j) If a county assessor-collector is notified that the | ||
court having jurisdiction over the underlying offense has waived | ||
the past due fine or fee due to the defendant's indigency, the | ||
county may not impose an additional fee on the defendant under | ||
Subsection (f). | ||
SECTION 24. Section 502.010(f), Transportation Code, as | ||
amended by Chapters 1094 (S.B. 1386) and 1296 (H.B. 2357), Acts of | ||
the 82nd Legislature, Regular Session, 2011, is reenacted and | ||
amended to read as follows: | ||
(f) Except as otherwise provided by this section, a [ |
||
county that has a contract under Subsection (b) may impose an | ||
additional fee of $20 to: | ||
(1) a person who fails to pay a fine, fee, or tax to the | ||
county by the date on which the fine, fee, or tax is due; or | ||
(2) a person who fails to appear in connection with a | ||
complaint, citation, information, or indictment in a court in which | ||
a criminal proceeding is pending against the owner. [ |
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SECTION 25. Section 706.005, Transportation Code, is | ||
amended to read as follows: | ||
Sec. 706.005. CLEARANCE NOTICE TO DEPARTMENT. (a) A | ||
political subdivision shall immediately notify the department that | ||
there is no cause to continue to deny renewal of a person's driver's | ||
license based on the person's previous failure to appear or failure | ||
to pay or satisfy a judgment ordering the payment of a fine and cost | ||
in the manner ordered by the court in a matter involving an offense | ||
described by Section 706.002(a), on payment of a fee as provided by | ||
Section 706.006 and: | ||
(1) the perfection of an appeal of the case for which | ||
the warrant of arrest was issued or judgment arose; | ||
(2) the dismissal of the charge for which the warrant | ||
of arrest was issued or judgment arose, other than a dismissal with | ||
prejudice by motion of the appropriate prosecuting attorney for | ||
lack of evidence; | ||
(3) the posting of bond or the giving of other security | ||
to reinstate the charge for which the warrant was issued; | ||
(4) the payment or discharge of the fine and cost owed | ||
on an outstanding judgment of the court; or | ||
(5) other suitable arrangement to pay the fine and | ||
cost within the court's discretion. | ||
(b) The department may not continue to deny the renewal of | ||
the person's driver's license under this chapter after the | ||
department receives notice: | ||
(1) under Subsection (a); | ||
(2) that the person was acquitted of the charge on | ||
which the person failed to appear; | ||
(3) that the charge on which the person failed to | ||
appear was dismissed with prejudice by motion of the appropriate | ||
prosecuting attorney for lack of evidence; or | ||
(4) [ |
||
failure to appear report or court order to pay a fine or cost | ||
relating to the person: | ||
(A) was sent to the department in error; or | ||
(B) has been destroyed in accordance with the | ||
political subdivision's records retention policy. | ||
SECTION 26. Section 706.006, Transportation Code, is | ||
amended by amending Subsections (a) and (b) and adding Subsections | ||
(a-1) and (d) to read as follows: | ||
(a) Except as provided by Subsection (d), a [ |
||
fails to appear for a complaint or citation for an offense described | ||
by Section 706.002(a) shall be required to pay an administrative | ||
fee of $30 for each complaint or citation reported to the department | ||
under this chapter, unless: | ||
(1) the person is acquitted of the charges for which | ||
the person failed to appear; | ||
(2) the charges on which the person failed to appear | ||
were dismissed with prejudice by motion of the appropriate | ||
prosecuting attorney for lack of evidence; | ||
(3) the failure to appear report was sent to the | ||
department in error; or | ||
(4) the case regarding the complaint or citation is | ||
closed and the failure to appear report has been destroyed in | ||
accordance with the applicable political subdivision's records | ||
retention policy. | ||
(a-1) A [ |
||
Subsection (a) shall pay the fee when: | ||
(1) the court enters judgment on the underlying | ||
offense reported to the department; | ||
(2) the underlying offense is dismissed, other than a | ||
dismissal described by Subsection (a)(2); or | ||
(3) bond or other security is posted to reinstate the | ||
charge for which the warrant was issued. | ||
(b) Except as provided by Subsection (d), a [ |
||
fails to pay or satisfy a judgment ordering the payment of a fine | ||
and cost in the manner the court orders shall be required to pay an | ||
administrative fee of $30. | ||
(d) If the court having jurisdiction over the underlying | ||
offense makes a finding that the person is indigent, the person may | ||
not be required to pay an administrative fee under this section. | ||
For purposes of this subsection, a person is presumed to be indigent | ||
if the person: | ||
(1) is required to attend school full time under | ||
Section 25.085, Education Code; | ||
(2) is a member of a household with a total annual | ||
income that is below 125 percent of the applicable income level | ||
established by the federal poverty guidelines; or | ||
(3) receives assistance from: | ||
(A) the financial assistance program established | ||
under Chapter 31, Human Resources Code; | ||
(B) the medical assistance program under Chapter | ||
32, Human Resources Code; | ||
(C) the supplemental nutrition assistance | ||
program established under Chapter 33, Human Resources Code; | ||
(D) the federal special supplemental nutrition | ||
program for women, infants, and children authorized by 42 U.S.C. | ||
Section 1786; or | ||
(E) the child health plan program under Chapter | ||
62, Health and Safety Code. | ||
SECTION 27. Article 45.0492(e), Code of Criminal Procedure, | ||
as added by Chapter 227 (H.B. 350), Acts of the 82nd Legislature, | ||
Regular Session, 2011, is repealed. | ||
SECTION 28. The changes in law made by this Act to Articles | ||
14.06 and 27.14, Code of Criminal Procedure, and Section 502.010 | ||
and Chapter 706, 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 29. The changes in law made by this Act to Articles | ||
42.15, 43.09, 43.091, 45.014, 45.041, 45.046, 45.049, and 45.0491, | ||
Code of Criminal Procedure, and Articles 45.0492, Code of Criminal | ||
Procedure, as added by Chapter 227 (H.B. 350), Acts of the 82nd | ||
Legislature, Regular Session, 2011, and 45.0492, Code of Criminal | ||
Procedure, as added by Chapter 777 (H.B. 1964), Acts of the 82nd | ||
Legislature, Regular Session, 2011, apply to a sentencing | ||
proceeding that commences before, on, or after the effective date | ||
of this Act. | ||
SECTION 30. 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 31. The changes in law made by this Act to Articles | ||
45.016, 45.051, and 45.0511, Code of Criminal Procedure, apply only | ||
to a bond executed on or after the effective date of this Act. A | ||
bond executed before the effective date of this Act is governed by | ||
the law in effect when the bond was executed, and the former law is | ||
continued in effect for that purpose. | ||
SECTION 32. The change in law made by this Act to Article | ||
45.048, Code of Criminal Procedure, 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 33. This Act takes effect September 1, 2017. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I hereby certify that S.B. No. 1913 passed the Senate on | ||
May 3, 2017, by the following vote: Yeas 25, Nays 6; | ||
May 25, 2017, Senate refused to concur in House amendments and | ||
requested appointment of Conference Committee; May 26, 2017, House | ||
granted request of the Senate; May 28, 2017, Senate adopted | ||
Conference Committee Report by the following vote: Yeas 26, | ||
Nays 5. | ||
______________________________ | ||
Secretary of the Senate | ||
I hereby certify that S.B. No. 1913 passed the House, with | ||
amendments, on May 23, 2017, by the following vote: Yeas 75, | ||
Nays 70, two present not voting; May 26, 2017, House granted | ||
request of the Senate for appointment of Conference Committee; | ||
May 28, 2017, House adopted Conference Committee Report by the | ||
following vote: Yeas 77, Nays 70, one present not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
Approved: | ||
______________________________ | ||
Date | ||
______________________________ | ||
Governor |