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A BILL TO BE ENTITLED
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AN ACT
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relating to the payment of fines and costs by defendants who are |
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unable to pay the fines and costs in misdemeanor cases. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Article 42.15, Code of Criminal |
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Procedure, is amended to read as follows: |
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Art. 42.15. FINES AND COSTS. |
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SECTION 2. Article 42.15, Code of Criminal Procedure, is |
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amended by amending Subsection (b) and adding Subsection (c) to |
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read as follows: |
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(b) Subject to Subsection (c), when [When] imposing a fine |
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and costs, a court may direct a defendant: |
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(1) to pay the entire fine and costs when sentence is |
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pronounced; [or] |
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(2) to pay the entire fine and costs at some later |
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date; or |
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(3) to pay a specified portion of the fine and costs at |
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designated intervals. |
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(c) When imposing a fine and costs in a misdemeanor case, if |
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the court determines that the defendant is unable to pay the fine |
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and costs, the court shall allow the defendant to: |
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(1) pay the fine and costs in specified portions at |
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designated intervals; or |
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(2) perform community service under Article 43.09(f) |
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to discharge all or part of the fine or costs. |
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SECTION 3. Article 45.041, Code of Criminal Procedure, is |
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amended by amending Subsection (b) and adding Subsection (b-2) to |
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read as follows: |
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(b) Subject to Subsection (b-2), the [The] justice or judge |
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may direct the defendant: |
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(1) to pay: |
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(A) the entire fine and costs when sentence is |
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pronounced; |
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(B) the entire fine and costs at some later date; |
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or |
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(C) a specified portion of the fine and costs at |
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designated intervals; |
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(2) if applicable, to make restitution to any victim |
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of the offense; and |
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(3) to satisfy any other sanction authorized by law. |
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(b-2) When imposing a fine and costs, if the justice or |
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judge determines that the defendant is unable to pay the fine and |
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costs, the justice or judge shall allow the defendant to: |
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(1) pay the fine and costs in specified portions at |
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designated intervals; or |
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(2) perform community service under Article 45.049 to |
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discharge all or part of the fine or costs. |
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SECTION 4. Article 45.046(a), Code of Criminal Procedure, |
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is amended to read as follows: |
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(a) When a judgment and sentence have been entered against a |
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defendant and the defendant defaults in the discharge of the |
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judgment, the judge may order the defendant confined in jail until |
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discharged by law if the judge at a hearing makes a written |
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determination that: |
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(1) the defendant is not indigent and has failed to |
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make a good faith effort to discharge the fine and costs; or |
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(2) the defendant is indigent and: |
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(A) has failed to make a good faith effort to |
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discharge the fines and costs under Article 45.041(b-2) [45.049]; |
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and |
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(B) could have discharged the fines and costs |
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under Article 45.041(b-2) [45.049] without experiencing any undue |
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hardship. |
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SECTION 5. The change in law made by this Act applies only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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governed by the law in effect at the time the offense was committed, |
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and the former law is continued in effect for that purpose. For |
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purposes of this section, an offense was committed before the |
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effective date of this Act if any element of the offense occurred |
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before that date. |
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SECTION 6. This Act takes effect September 1, 2011. |