| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
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) [,] the name and address of the person charged; |
|
|
(3) [,] the offense charged; |
|
|
(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; |
|
|
[,] and |
|
|
(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 [If] |
|
|
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) of this article, mail or 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 certified mail, return receipt requested, of |
|
|
the amount of any fine or costs assessed in the case, 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 [The] defendant shall pay any 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, |
|
|
a court may impose a fine and costs only if the court makes a written |
|
|
determination that the defendant has sufficient resources or income |
|
|
to pay all or part of the fine and costs. In making that |
|
|
determination, the court shall consider the defendant's financial |
|
|
history and any other information relevant to the defendant's |
|
|
ability to pay, including whether the defendant: |
|
|
(1) is a full-time student; |
|
|
(2) is a member of a household with a total annual |
|
|
income that is: |
|
|
(A) at or below the applicable income level |
|
|
established by the federal poverty guidelines; or |
|
|
(B) below the state or local median household |
|
|
income; or |
|
|
(3) receives financial assistance from any federal, |
|
|
state, or local assistance program. |
|
|
(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 makes a written determination that: |
|
|
(A) the defendant is not indigent and has failed |
|
|
to make a good faith effort to discharge the fine or costs; or |
|
|
(B) the defendant is indigent and: |
|
|
(i) has failed to make a good faith effort |
|
|
to discharge the fine or costs under Article 43.09(f); and |
|
|
(ii) could have discharged the fine or |
|
|
costs under Article 43.09(f) without experiencing any undue |
|
|
hardship. |
|
|
(a-2) The court shall recall a capias pro fine if, before |
|
|
the capias pro fine is executed, the defendant voluntarily appears |
|
|
to resolve the amount owed. |
|
|
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 [his] punishment is assessed at a pecuniary fine or is |
|
|
confined in a jail after conviction of a felony for which a fine is |
|
|
imposed, if the defendant [he] is unable to pay the fine and costs |
|
|
adjudged against the defendant [him], the defendant [he] may for |
|
|
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 [the succeeding article]; or if there is |
|
|
[be] no such county jail industries program, workhouse, farm, or |
|
|
improvements and maintenance projects, the defendant [he] shall be |
|
|
confined in jail for a sufficient length of time to discharge the |
|
|
full amount of fine and costs adjudged against the defendant [him]; |
|
|
rating such confinement at $100 [$50] for each day and rating such |
|
|
labor at $100 [$50] for each day; provided, however, that the |
|
|
defendant may pay the pecuniary fine assessed against the defendant |
|
|
[him] at any time while the defendant [he] is serving at work in the |
|
|
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 [he] is serving the defendant's |
|
|
[his] jail sentence, and in such instances the defendant is [he
|
|
|
shall be] entitled to the credit [he has] earned under this |
|
|
subsection during the time that the defendant [he] has served and |
|
|
the defendant [he] shall only be required to pay the [his] balance |
|
|
of the pecuniary fine assessed against the defendant [him]. A |
|
|
defendant who performs labor under this article during a day in |
|
|
which the defendant [he] is confined is entitled to both the credit |
|
|
for confinement and the credit for labor provided by this article. |
|
|
(g) In the court's [its] order requiring a defendant to |
|
|
perform [participate in] community service [work] under Subsection |
|
|
(f) [of this article], the court must specify: |
|
|
(1) the number of hours of community service the |
|
|
defendant is required to perform [work]; and |
|
|
(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. |
|
|
(h) The court may order the defendant to perform community |
|
|
service [work] under Subsection (f): |
|
|
(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) [of this article only] for: |
|
|
(A) a governmental entity; |
|
|
(B) [or] a nonprofit organization or another |
|
|
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; |
|
|
(C) a religious organization; |
|
|
(D) a neighborhood association or group; or |
|
|
(E) an educational institution. |
|
|
(h-1) An [A governmental] entity [or nonprofit
|
|
|
organization] that accepts a defendant under Subsection (f) [of
|
|
|
this article] to perform community service must agree to supervise, |
|
|
either on-site or remotely, the defendant in the performance of the |
|
|
defendant's community service [work] and report on the defendant's |
|
|
community service [work] to the district probation department or |
|
|
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) [of this
|
|
|
article] unless the court determines that requiring the defendant |
|
|
to perform [work] additional hours does not impose an undue [work a] |
|
|
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 [pursuant to] this article if the act or failure to |
|
|
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 |
|
|
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 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, 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 |
|
|
certified mail to the defendant notice that includes: |
|
|
(A) at least two dates and times, occurring |
|
|
within the 30-day period following the date that notice is |
|
|
provided, when the defendant may 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 within the |
|
|
period described by Paragraph (A); and |
|
|
(2) the defendant fails to appear before the justice |
|
|
or judge on or before the 30th day after the date that notice is |
|
|
provided under Subdivision (1). |
|
|
(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 a date and at a time |
|
|
provided 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 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 PROHIBITED. (a) The |
|
|
justice or judge may require the defendant to give a personal bond |
|
|
[bail] to 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, as defined by Article 17.02, or require a surety or other |
|
|
security. |
|
|
(c) If the defendant refuses [fails] to give a personal bond |
|
|
[bail], the defendant may be held in custody. |
|
|
SECTION 10. Article 45.019(a), Code of Criminal Procedure, |
|
|
is amended to read as follows: |
|
|
(a) A complaint is sufficient, without regard to its form, |
|
|
if it substantially satisfies the following requisites: |
|
|
(1) it must be in writing; |
|
|
(2) it must commence "In the name and by the authority |
|
|
of the State of Texas"; |
|
|
(3) it must state the name of the accused, if known, or |
|
|
if unknown, must include a reasonably definite description of the |
|
|
accused; |
|
|
(4) it must show that the accused has committed an |
|
|
offense against the law of this state, or state that the affiant has |
|
|
good reason to believe and does believe that the accused has |
|
|
committed an offense against the law of this state; |
|
|
(5) it must state the date the offense was committed as |
|
|
definitely as the affiant is able to provide; |
|
|
(6) it must contain information regarding the |
|
|
alternatives to the full payment of any fine or costs assessed |
|
|
against the accused, if the accused is convicted of the offense and |
|
|
is unable to pay that amount; |
|
|
(7) it must bear the signature or mark of the affiant; |
|
|
and |
|
|
(8) [(7)] it must conclude with the words "Against the |
|
|
peace and dignity of the State" and, if the offense charged is an |
|
|
offense only under a municipal ordinance, it may also conclude with |
|
|
the words "Contrary to the said ordinance". |
|
|
SECTION 11. 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, |
|
|
the justice or judge may impose a fine and costs only if the justice |
|
|
or judge makes a written determination that the defendant has |
|
|
sufficient resources or income to pay all or part of the fine and |
|
|
costs. In making that determination, the justice or judge shall |
|
|
consider the defendant's financial history and any other |
|
|
information relevant to the defendant's ability to pay, including |
|
|
whether the defendant: |
|
|
(1) is a full-time student; |
|
|
(2) is a member of a household with a total annual |
|
|
income that is: |
|
|
(A) at or below the applicable income level |
|
|
established by the federal poverty guidelines; or |
|
|
(B) below the state or local median household |
|
|
income; or |
|
|
(3) receives financial assistance from any federal, |
|
|
state, or local assistance program. |
|
|
(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 12. 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 [a bail] bond may not be less than two times the amount |
|
|
of the fine and costs adjudged against the defendant, payable to the |
|
|
State of Texas. The appeal bond [bail] may not in any case be for an |
|
|
amount [a sum] less than $50. If the appeal bond otherwise meets |
|
|
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 13. 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 makes a written determination that: |
|
|
(A) the defendant is not indigent and has failed |
|
|
to make a good faith effort to discharge the fine or costs; or |
|
|
(B) the defendant is indigent and: |
|
|
(i) has failed to make a good faith effort |
|
|
to discharge the fine or costs under Article 45.049; and |
|
|
(ii) could have discharged the fine or |
|
|
costs under Article 45.049 without experiencing any undue hardship. |
|
|
(a-3) The court shall recall a capias pro fine if, before |
|
|
the capias pro fine is executed, the defendant voluntarily appears |
|
|
to resolve the amount owed. |
|
|
SECTION 14. 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 [and] costs; or |
|
|
(2) the defendant is indigent and: |
|
|
(A) has failed to make a good faith effort to |
|
|
discharge the fine or [fines and] costs under Article 45.049; and |
|
|
(B) could have discharged the fine or [fines and] |
|
|
costs under Article 45.049 without experiencing any undue hardship. |
|
|
SECTION 15. 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 [$50] |
|
|
for each period [of time] served, as specified by the convicting |
|
|
court in the judgment in the case. |
|
|
(b) A convicting court may specify a period [of time] 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 [fines] and costs in the |
|
|
case must remain in jail to satisfy $100 [$50] of the fine and |
|
|
costs. |
|
|
SECTION 16. 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 [participate in] community service [work] under this |
|
|
article, the justice or judge must specify the number of hours of |
|
|
community service the defendant is required to perform [work]. |
|
|
(c) The justice or judge may order the defendant to perform |
|
|
community service [work] under this article: |
|
|
(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) [only] for: |
|
|
(A) a governmental entity; |
|
|
(B) [or] a nonprofit organization or another |
|
|
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; |
|
|
(C) a religious organization; |
|
|
(D) a neighborhood association or group; or |
|
|
(E) an educational institution. |
|
|
(c-1) An [A governmental] entity [or nonprofit
|
|
|
organization] that accepts a defendant under this article to |
|
|
perform community service must agree to supervise, either on-site |
|
|
or remotely, the defendant in the performance of the defendant's |
|
|
community service [work] and report on the defendant's community |
|
|
service [work] to the justice or judge who ordered the [community] |
|
|
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 [work] additional hours does not impose an undue [work a] |
|
|
hardship on the defendant or the defendant's dependents. |
|
|
(e) A defendant is considered to have discharged not less |
|
|
than $100 [$50] of fines or costs for each eight hours of community |
|
|
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 [manual labor] 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. |
|
|
(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 [governmental entity or nonprofit
|
|
|
organization community] service in: |
|
|
(1) the county in which the court is located; or |
|
|
(2) the county in which the defendant resides, but |
|
|
only if the applicable entity [or organization] agrees to: |
|
|
(A) supervise, either on-site or remotely, the |
|
|
defendant in the performance of the defendant's community service |
|
|
[work]; and |
|
|
(B) report to the court on the defendant's |
|
|
community service [work]. |
|
|
SECTION 17. 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 FOR 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 18. 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 [OR TUTORING] IN |
|
|
SATISFACTION OF FINE OR COSTS FOR CERTAIN JUVENILE DEFENDANTS. |
|
|
SECTION 19. 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 [or attending a tutoring program that
|
|
|
is satisfactory to the court]. A defendant may discharge an |
|
|
obligation to perform community service [or attend a tutoring
|
|
|
program] under this article by paying at any time the fine and costs |
|
|
assessed. |
|
|
(c) In the justice's or judge's order requiring a defendant |
|
|
to perform [participate in] community service [work or a tutoring
|
|
|
program] under this article, the justice or judge must specify the |
|
|
number of hours of community service the defendant is required to |
|
|
perform [work or attend tutoring]. |
|
|
(d) The justice or judge may order the defendant to perform |
|
|
community service [work] under this article: |
|
|
(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) [only] for: |
|
|
(A) a governmental entity; |
|
|
(B) [or] a nonprofit organization or another |
|
|
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; |
|
|
(C) a religious organization; |
|
|
(D) a neighborhood association or group; or |
|
|
(E) an educational institution. |
|
|
(d-1) An [A governmental] entity [or nonprofit
|
|
|
organization] that accepts a defendant under this article to |
|
|
perform community service must agree to supervise, either on-site |
|
|
or remotely, the defendant in the performance of the defendant's |
|
|
community service [work] and report on the defendant's community |
|
|
service [work] to the justice or judge who ordered the [community] |
|
|
service. |
|
|
(f) A justice or judge may not order a defendant to perform |
|
|
more than 16 hours of community service per week [or attend more
|
|
|
than 16 hours of tutoring per week] under this article unless the |
|
|
justice or judge determines that requiring the defendant to perform |
|
|
additional hours [of work or tutoring] does not impose an undue |
|
|
[cause a] hardship on the defendant or the defendant's family. For |
|
|
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 [$50] of fines or costs for each eight hours of community |
|
|
service performed [or tutoring program attended] under this |
|
|
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 [,
|
|
|
nonprofit organization, or tutoring program] is not liable for |
|
|
damages arising from an act or failure to act in connection with |
|
|
community service [an activity] 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, grossly negligent, or |
|
|
performed with conscious indifference or reckless disregard for the |
|
|
safety of others. |
|
|
SECTION 20. 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 (d), (e), |
|
|
and (f) and adding Subsections (d-1) and (h) to read as follows: |
|
|
(d) The justice or judge may order the defendant to perform |
|
|
community service [work] under this article: |
|
|
(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) [only] for: |
|
|
(A) a governmental entity; |
|
|
(B) [or] a nonprofit organization or another |
|
|
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; |
|
|
(C) a religious organization; |
|
|
(D) a neighborhood association or group; or |
|
|
(E) an educational institution. |
|
|
(d-1) An [A governmental] entity [or nonprofit
|
|
|
organization] that accepts a defendant under this article to |
|
|
perform community service must agree to supervise, either on-site |
|
|
or remotely, the defendant in the performance of the defendant's |
|
|
community service [work] and report on the defendant's community |
|
|
service [work] to the justice or judge who ordered the [community] |
|
|
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 [of work] does not impose an undue |
|
|
[cause a] hardship on the defendant or the defendant's family. For |
|
|
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 21. 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 personal [bail bond or an
|
|
|
appearance] bond given for the charge. |
|
|
SECTION 22. 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 personal [bail bond or appearance] bond given for |
|
|
the charge. |
|
|
SECTION 23. Articles 103.0031(a), (b), (d), (f), (g), and |
|
|
(j), Code of Criminal Procedure, are amended to read as follows: |
|
|
(a) The commissioners court of a county or the governing |
|
|
body of a municipality may enter into a contract with a private |
|
|
attorney or a public or private vendor for the provision of |
|
|
collection services for one or more of the following items: |
|
|
(1) debts and accounts receivable such as unpaid |
|
|
fines, fees, court costs, forfeited bonds, and restitution ordered |
|
|
paid by: |
|
|
(A) a court serving the county or a court serving |
|
|
the municipality, as applicable; or |
|
|
(B) a hearing officer serving the municipality |
|
|
under Chapter 682, Transportation Code; and |
|
|
(2) [amounts in cases in which the accused has failed
|
|
|
to appear:
|
|
|
[(A)
as promised under Subchapter A, Chapter 543,
|
|
|
Transportation Code, or other law;
|
|
|
[(B)
in compliance with a lawful written notice
|
|
|
to appear issued under Article 14.06(b) or other law;
|
|
|
[(C)
in compliance with a lawful summons issued
|
|
|
under Article 15.03(b) or other law;
|
|
|
[(D)
in compliance with a lawful order of a court
|
|
|
serving the county or municipality; or
|
|
|
[(E)
as specified in a citation, summons, or
|
|
|
other notice authorized by Section 682.002, Transportation Code,
|
|
|
that charges the accused with a parking or stopping offense; and
|
|
|
[(3)] false alarm penalties or fees imposed by a |
|
|
county under Chapter 118 or 233, Local Government Code, or by a |
|
|
municipality under a municipal ordinance. |
|
|
(b) A commissioners court or governing body of a |
|
|
municipality that enters into a contract with a private attorney or |
|
|
private vendor under this article may authorize the addition of a |
|
|
collection fee in the amount of 15 [30] percent on each item |
|
|
described in Subsection (a) that is more than 60 days past due and |
|
|
has been referred to the attorney or vendor for collection. The |
|
|
collection fee does not apply to a case that has been dismissed by a |
|
|
court of competent jurisdiction or to any amount that has been |
|
|
satisfied through time-served credit or community service. The |
|
|
collection fee may be applied to any balance remaining after a |
|
|
partial credit for time served or community service if the balance |
|
|
is more than 60 days past due. Unless the contract provides |
|
|
otherwise, the court shall calculate the amount of any collection |
|
|
fee due to the governmental entity or to the private attorney or |
|
|
private vendor performing the collection services and shall receive |
|
|
all fees, including the collection fee. [With respect to cases
|
|
|
described by Subsection (a)(2), the amount to which the 30 percent
|
|
|
collection fee applies is:
|
|
|
[(1)
the amount to be paid that is communicated to the
|
|
|
accused as acceptable to the court under its standard policy for
|
|
|
resolution of the case, if the accused voluntarily agrees to pay
|
|
|
that amount; or
|
|
|
[(2)
the amount ordered paid by the court after plea or
|
|
|
trial.] |
|
|
(d) A county or municipality may not enter into a contract |
|
|
under Subsection (a) for the provision of collection services in |
|
|
cases in which [defendant is not liable for the collection fees
|
|
|
authorized under Subsection (b) if] the court with [of original] |
|
|
jurisdiction over the case has determined the defendant is |
|
|
indigent, or has insufficient resources or income, or is otherwise |
|
|
unable to pay all or part of the applicable amount owed [underlying
|
|
|
fine or costs]. |
|
|
(f) An item subject to collection services under Subsection |
|
|
(a) and to the additional collection fee authorized by Subsection |
|
|
(b) is considered more than 60 days past due under Subsection (b) if |
|
|
it remains unpaid on the 61st day after the following appropriate |
|
|
date: |
|
|
(1) with respect to an item described by Subsection |
|
|
(a)(1), the date on which the debt, fine, fee, forfeited bond, or |
|
|
court cost must be paid in full as determined by the court or |
|
|
hearing officer; or |
|
|
(2) with respect to an item described by Subsection |
|
|
(a)(2), [the date by which the accused promised to appear or was
|
|
|
notified, summoned, or ordered to appear; or
|
|
|
[(3)
with respect to an item described by Subsection
|
|
|
(a)(3),] the date on which a penalty or fee is due under a rule or |
|
|
order adopted under Chapter 233, Local Government Code, or an |
|
|
ordinance, policy, procedure, or rule of a municipality. |
|
|
(g) A county or municipality that enters into a contract |
|
|
under Subsection (a) may not use the additional 15 [30] percent |
|
|
collection fee authorized by Subsection (b) for any purpose other |
|
|
than compensating the private attorney or private vendor who earns |
|
|
the fee. |
|
|
(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) 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. |
|
|
SECTION 24. Section 102.0212, Government Code, is amended |
|
|
to read as follows: |
|
|
Sec. 102.0212. COURT COSTS ON CONVICTION: LOCAL GOVERNMENT |
|
|
CODE. A person convicted of an offense shall pay the following |
|
|
under the Local Government Code, in addition to all other costs: |
|
|
(1) court costs on conviction of a felony (Sec. |
|
|
133.102, Local Government Code) . . . $133; |
|
|
(2) court costs on conviction of a Class A or Class B |
|
|
misdemeanor (Sec. 133.102, Local Government Code) . . . $83; |
|
|
(3) court costs on conviction of a nonjailable |
|
|
misdemeanor offense, including a criminal violation of a municipal |
|
|
ordinance, other than a conviction of an offense relating to a |
|
|
pedestrian or the parking of a motor vehicle (Sec. 133.102, Local |
|
|
Government Code) . . . $40; |
|
|
(4) [a time payment fee if convicted of a felony or
|
|
|
misdemeanor for paying any part of a fine, court costs, or
|
|
|
restitution on or after the 31st day after the date on which a
|
|
|
judgment is entered assessing the fine, court costs, or restitution
|
|
|
(Sec. 133.103, Local Government Code) .
.
. $25;
|
|
|
[(5)] a cost on conviction of any offense, other than |
|
|
an offense relating to a pedestrian or the parking of a motor |
|
|
vehicle (Sec. 133.105, Local Government Code) . . . $6; and |
|
|
(5) [(6)] a cost on conviction of any offense, other |
|
|
than an offense relating to a pedestrian or the parking of a motor |
|
|
vehicle (Sec. 133.107, Local Government Code) . . . $2. |
|
|
SECTION 25. Section 103.021, Government Code, is amended to |
|
|
read as follows: |
|
|
Sec. 103.021. ADDITIONAL FEES AND COSTS IN CRIMINAL OR |
|
|
CIVIL CASES: CODE OF CRIMINAL PROCEDURE. An accused or defendant, |
|
|
or a party to a civil suit, as applicable, shall pay the following |
|
|
fees and costs under the Code of Criminal Procedure if ordered by |
|
|
the court or otherwise required: |
|
|
(1) a personal bond fee (Art. 17.42, Code of Criminal |
|
|
Procedure) . . . the greater of $20 or three percent of the amount |
|
|
of the bail fixed for the accused; |
|
|
(2) cost of electronic monitoring as a condition of |
|
|
release on personal bond (Art. 17.43, Code of Criminal Procedure) |
|
|
. . . actual cost; |
|
|
(3) a fee for verification of and monitoring of motor |
|
|
vehicle ignition interlock (Art. 17.441, Code of Criminal |
|
|
Procedure) . . . not to exceed $10; |
|
|
(3-a) costs associated with operating a global |
|
|
positioning monitoring system as a condition of release on bond |
|
|
(Art. 17.49(b)(2), Code of Criminal Procedure) . . . actual costs, |
|
|
subject to a determination of indigency; |
|
|
(3-b) costs associated with providing a defendant's |
|
|
victim with an electronic receptor device as a condition of the |
|
|
defendant's release on bond (Art. 17.49(b)(3), Code of Criminal |
|
|
Procedure) . . . actual costs, subject to a determination of |
|
|
indigency; |
|
|
(4) repayment of reward paid by a crime stoppers |
|
|
organization on conviction of a felony (Art. 37.073, Code of |
|
|
Criminal Procedure) . . . amount ordered; |
|
|
(5) reimbursement to general revenue fund for payments |
|
|
made to victim of an offense as condition of community supervision |
|
|
(Chapter 42A, Code of Criminal Procedure) . . . not to exceed $50 |
|
|
for a misdemeanor offense or $100 for a felony offense; |
|
|
(6) payment to a crime stoppers organization as |
|
|
condition of community supervision (Chapter 42A, Code of Criminal |
|
|
Procedure) . . . not to exceed $50; |
|
|
(7) children's advocacy center fee (Chapter 42A, Code |
|
|
of Criminal Procedure) . . . not to exceed $50; |
|
|
(8) family violence center fee (Chapter 42A, Code of |
|
|
Criminal Procedure) . . . $100; |
|
|
(9) community supervision fee (Chapter 42A, Code of |
|
|
Criminal Procedure) . . . not less than $25 or more than $60 per |
|
|
month; |
|
|
(10) additional community supervision fee for certain |
|
|
offenses (Chapter 42A, Code of Criminal Procedure) . . . $5 per |
|
|
month; |
|
|
(11) for certain financially able sex offenders as a |
|
|
condition of community supervision, the costs of treatment, |
|
|
specialized supervision, or rehabilitation (Chapter 42A, Code of |
|
|
Criminal Procedure) . . . all or part of the reasonable and |
|
|
necessary costs of the treatment, supervision, or rehabilitation as |
|
|
determined by the judge; |
|
|
(12) fee for failure to appear for trial in a justice |
|
|
or municipal court if a jury trial is not waived (Art. 45.026, Code |
|
|
of Criminal Procedure) . . . costs incurred for impaneling the |
|
|
jury; |
|
|
(13) costs of certain testing, assessments, or |
|
|
programs during a deferral period (Art. 45.051, Code of Criminal |
|
|
Procedure) . . . amount ordered; |
|
|
(14) special expense on dismissal of certain |
|
|
misdemeanor complaints (Art. 45.051, Code of Criminal Procedure) |
|
|
. . . not to exceed amount of fine assessed; |
|
|
(15) an additional fee: |
|
|
(A) for a copy of the defendant's driving record |
|
|
to be requested from the Department of Public Safety by the judge |
|
|
(Art. 45.0511(c-1), Code of Criminal Procedure) . . . amount equal |
|
|
to the sum of the fee established by Section 521.048, |
|
|
Transportation Code, and the state electronic Internet portal fee; |
|
|
(B) as an administrative fee for requesting a |
|
|
driving safety course or a course under the motorcycle operator |
|
|
training and safety program for certain traffic offenses to cover |
|
|
the cost of administering the article (Art. 45.0511(f)(1), Code of |
|
|
Criminal Procedure) . . . not to exceed $10; or |
|
|
(C) for requesting a driving safety course or a |
|
|
course under the motorcycle operator training and safety program |
|
|
before the final disposition of the case (Art. 45.0511(f)(2), Code |
|
|
of Criminal Procedure) . . . not to exceed the maximum amount of the |
|
|
fine for the offense committed by the defendant; |
|
|
(16) a request fee for teen court program (Art. |
|
|
45.052, Code of Criminal Procedure) . . . $20, if the court |
|
|
ordering the fee is located in the Texas-Louisiana border region, |
|
|
but otherwise not to exceed $10; |
|
|
(17) a fee to cover costs of required duties of teen |
|
|
court (Art. 45.052, Code of Criminal Procedure) . . . $20, if the |
|
|
court ordering the fee is located in the Texas-Louisiana border |
|
|
region, but otherwise $10; |
|
|
(18) a mileage fee for officer performing certain |
|
|
services (Art. 102.001, Code of Criminal Procedure) . . . $0.15 per |
|
|
mile; |
|
|
(19) certified mailing of notice of hearing date (Art. |
|
|
102.006, Code of Criminal Procedure) . . . $1, plus postage; |
|
|
(20) certified mailing of certified copies of an order |
|
|
of expunction (Art. 102.006, Code of Criminal Procedure) . . . $2, |
|
|
plus postage; |
|
|
(20-a) a fee to defray the cost of notifying state |
|
|
agencies of orders of expungement (Art. 45.0216, Code of Criminal |
|
|
Procedure) . . . $30 per application; |
|
|
(21) sight orders: |
|
|
(A) if the face amount of the check or sight order |
|
|
does not exceed $10 (Art. 102.007, Code of Criminal Procedure) |
|
|
. . . not to exceed $10; |
|
|
(B) if the face amount of the check or sight order |
|
|
is greater than $10 but does not exceed $100 (Art. 102.007, Code of |
|
|
Criminal Procedure) . . . not to exceed $15; |
|
|
(C) if the face amount of the check or sight order |
|
|
is greater than $100 but does not exceed $300 (Art. 102.007, Code of |
|
|
Criminal Procedure) . . . not to exceed $30; |
|
|
(D) if the face amount of the check or sight order |
|
|
is greater than $300 but does not exceed $500 (Art. 102.007, Code of |
|
|
Criminal Procedure) . . . not to exceed $50; and |
|
|
(E) if the face amount of the check or sight order |
|
|
is greater than $500 (Art. 102.007, Code of Criminal Procedure) |
|
|
. . . not to exceed $75; |
|
|
(22) fees for a pretrial intervention program: |
|
|
(A) a supervision fee (Art. 102.012(a), Code of |
|
|
Criminal Procedure) . . . $60 a month plus expenses; and |
|
|
(B) a district attorney, criminal district |
|
|
attorney, or county attorney administrative fee (Art. 102.0121, |
|
|
Code of Criminal Procedure) . . . not to exceed $500; |
|
|
(23) parking fee violations for child safety fund in |
|
|
municipalities with populations: |
|
|
(A) greater than 850,000 (Art. 102.014, Code of |
|
|
Criminal Procedure) . . . not less than $2 and not to exceed $5; and |
|
|
(B) less than 850,000 (Art. 102.014, Code of |
|
|
Criminal Procedure) . . . not to exceed $5; |
|
|
(24) [an administrative fee for collection of fines,
|
|
|
fees, restitution, or other costs (Art. 102.072, Code of Criminal
|
|
|
Procedure) .
.
. not to exceed $2 for each transaction;
|
|
|
[(25)] a collection fee, if authorized by the |
|
|
commissioners court of a county or the governing body of a |
|
|
municipality, for certain debts and accounts receivable, including |
|
|
unpaid fines, fees, court costs, forfeited bonds, and restitution |
|
|
ordered paid (Art. 103.0031, Code of Criminal Procedure) . . . 15 |
|
|
[30] percent of an amount more than 60 days past due; and |
|
|
(25) [(26)] a cost on conviction for the truancy |
|
|
prevention and diversion fund (Art. 102.015, Code of Criminal |
|
|
Procedure) . . . $2. |
|
|
SECTION 26. Section 133.003, Local Government Code, is |
|
|
amended to read as follows: |
|
|
Sec. 133.003. CRIMINAL FEES. This chapter applies to the |
|
|
following criminal fees: |
|
|
(1) the consolidated fee imposed under Section |
|
|
133.102; |
|
|
(2) [the time payment fee imposed under Section
|
|
|
133.103;
|
|
|
[(3)] fees for services of peace officers employed by |
|
|
the state imposed under Article 102.011, Code of Criminal |
|
|
Procedure, and forwarded to the comptroller as provided by Section |
|
|
133.104; |
|
|
(3) [(4)] costs on conviction imposed in certain |
|
|
statutory county courts under Section 51.702, Government Code, and |
|
|
deposited in the judicial fund; |
|
|
(4) [(5)] costs on conviction imposed in certain |
|
|
county courts under Section 51.703, Government Code, and deposited |
|
|
in the judicial fund; |
|
|
(5) [(6)] the administrative fee for failure to appear |
|
|
or failure to pay or satisfy a judgment imposed under Section |
|
|
706.006, Transportation Code; |
|
|
(6) [(7)] fines on conviction imposed under Section |
|
|
621.506(g), Transportation Code; |
|
|
(7) [(8)] the fee imposed under Article 102.0045, Code |
|
|
of Criminal Procedure; |
|
|
(8) [(9)] the cost on conviction imposed under Section |
|
|
133.105 and deposited in the judicial fund; and |
|
|
(9) [(10)] the cost on conviction imposed under |
|
|
Section 133.107. |
|
|
SECTION 27. Section 502.010, Transportation Code, is |
|
|
amended by amending Subsection (a) and adding Subsections (b-1), |
|
|
(i), and (j) to read as follows: |
|
|
(a) Except as otherwise provided by this section, a [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). |
|
|
(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 any court having jurisdiction over an offense with |
|
|
respect to which a fine or fee was imposed makes a finding that the |
|
|
defendant is economically unable to pay the fine or fee: |
|
|
(1) a county assessor-collector or the department may |
|
|
not refuse to register the defendant's motor vehicle under this |
|
|
section; and |
|
|
(2) a county may not impose an additional fee on the |
|
|
defendant under Subsection (f). |
|
|
SECTION 28. 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 [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. [The
|
|
|
additional fee may be used only to reimburse the department or the
|
|
|
county for its expenses for providing services under the contract.] |
|
|
SECTION 29. Section 521.242(a), Transportation Code, is |
|
|
amended to read as follows: |
|
|
(a) A person whose license has been suspended for a cause |
|
|
other than a physical or mental disability or impairment or a |
|
|
conviction of an offense under Sections 49.04-49.08, Penal Code, |
|
|
may apply for an occupational license by filing a verified petition |
|
|
with the clerk of a municipal, justice, county, or district court |
|
|
with jurisdiction that includes the precinct or county in which: |
|
|
(1) the person resides; or |
|
|
(2) the offense occurred for which the license was |
|
|
suspended. |
|
|
SECTION 30. Chapter 706, Transportation Code, is amended by |
|
|
adding Section 706.0011 to read as follows: |
|
|
Sec. 706.0011. FINDING BY COURT OF INABILITY TO PAY. If the |
|
|
court having jurisdiction over an offense for which a fine and cost |
|
|
were imposed makes a finding that the defendant is economically |
|
|
unable to pay the fine and cost: |
|
|
(1) the department may not deny renewal of the |
|
|
defendant's license under this chapter; and |
|
|
(2) an administrative fee may not be imposed on the |
|
|
defendant under Section 706.006. |
|
|
SECTION 31. Section 706.004, Transportation Code, is |
|
|
amended by adding Subsection (c) to read as follows: |
|
|
(c) Notwithstanding Subsection (a), the department may deny |
|
|
renewal of a person's driver's license under this section until the |
|
|
earlier of: |
|
|
(1) the date the department receives clearance notice |
|
|
under Section 706.005; or |
|
|
(2) the second anniversary of the date the person |
|
|
failed to appear or failed to pay or satisfy a judgment. |
|
|
SECTION 32. 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;
|
|
|
[(3)] the posting of bond or the giving of other |
|
|
security to reinstate the charge for which the warrant was issued; |
|
|
(3) [(4)] the payment or discharge of the fine and |
|
|
cost owed on an outstanding judgment of the court; or |
|
|
(4) [(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; or |
|
|
(4) [(3)] from the political subdivision that the |
|
|
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 33. Section 706.006, Transportation Code, is |
|
|
amended by amending Subsections (a), (b), and (c) and adding |
|
|
Subsections (d) and (e) to read as follows: |
|
|
(a) Except as provided by Subsection (e), a [A] person who |
|
|
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 the person is acquitted of the charges |
|
|
for which the person failed to appear or those charges are |
|
|
dismissed. The person shall pay the fee when: |
|
|
(1) the court enters judgment on the underlying |
|
|
offense reported to the department; or |
|
|
(2) [the underlying offense is dismissed; or
|
|
|
[(3)] bond or other security is posted to reinstate |
|
|
the charge for which the warrant was issued. |
|
|
(b) Except as provided by Subsection (e), a [A] person who |
|
|
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. |
|
|
(c) The department may deny renewal of the driver's license |
|
|
of a person who does not pay a fee due under this section until the |
|
|
earlier of: |
|
|
(1) the date the fee is paid; or |
|
|
(2) the second anniversary of the date the person |
|
|
failed to appear or failed to pay or satisfy a judgment. |
|
|
(d) The fee required by this section is in addition to any |
|
|
other fee required by law. |
|
|
(e) A municipal court judge or justice of the peace who has |
|
|
jurisdiction over the underlying offense may waive an |
|
|
administrative fee required by this section if the judge or justice |
|
|
makes a finding that the person is economically unable to pay the |
|
|
fee or that good cause exists for the waiver. |
|
|
SECTION 34. Section 708.152(b), Transportation Code, is |
|
|
amended to read as follows: |
|
|
(b) A license suspended under this section remains |
|
|
suspended until the earlier of: |
|
|
(1) the date the person pays the amount of the |
|
|
surcharge and any related costs; or |
|
|
(2) the second anniversary of the date of suspension. |
|
|
SECTION 35. Section 708.154(c), Transportation Code, is |
|
|
amended to read as follows: |
|
|
(c) A license suspended under this section remains |
|
|
suspended until the earlier of: |
|
|
(1) the date the person pays the amount of the |
|
|
surcharge and any related costs; or |
|
|
(2) the second anniversary of the date of suspension, |
|
|
whichever date is earlier. |
|
|
SECTION 36. Section 708.158, Transportation Code, is |
|
|
amended to read as follows: |
|
|
Sec. 708.158. INDIGENT STATUS AND REDUCTION OF SURCHARGES. |
|
|
(a) If the court having jurisdiction over an offense with respect |
|
|
to which a fine and cost were imposed makes a finding that the |
|
|
person is economically unable to pay the fine and cost, the [The] |
|
|
department shall waive all surcharges assessed under this chapter |
|
|
for the [a] person [who is indigent. For the purposes of this
|
|
|
section, a person is considered to be indigent if the person
|
|
|
provides the evidence described by Subsection (b) to the court]. |
|
|
(b) A person must provide information to the court in which |
|
|
the person is convicted of the offense that is the basis for the |
|
|
surcharge to establish that the person is economically unable to |
|
|
pay the fine and cost [indigent]. The following documentation may |
|
|
be used as proof: |
|
|
(1) a copy of the person's most recent federal income |
|
|
tax return that shows that the person's income or the person's |
|
|
household income does not exceed 125 percent of the applicable |
|
|
income level established by the federal poverty guidelines; |
|
|
(2) a copy of the person's most recent statement of |
|
|
wages that shows that the person's income or the person's household |
|
|
income does not exceed 125 percent of the applicable income level |
|
|
established by the federal poverty guidelines; or |
|
|
(3) documentation from a federal agency, state agency, |
|
|
or school district that indicates that the person or, if the person |
|
|
is a dependent as defined by Section 152, Internal Revenue Code of |
|
|
1986, the taxpayer claiming the person as a dependent, receives |
|
|
assistance from: |
|
|
(A) the food stamp program or the financial |
|
|
assistance program established under Chapter 31, Human Resources |
|
|
Code; |
|
|
(B) the federal special supplemental nutrition |
|
|
program for women, infants, and children authorized by 42 U.S.C. |
|
|
Section 1786; |
|
|
(C) the medical assistance program under Chapter |
|
|
32, Human Resources Code; |
|
|
(D) the child health plan program under Chapter |
|
|
62, Health and Safety Code; or |
|
|
(E) the national free or reduced-price lunch |
|
|
program established under 42 U.S.C. Section 1751 et seq. |
|
|
(c) Not later than the fifth day after the date the court |
|
|
receives information described by Subsection (b) establishing that |
|
|
a person is economically unable to pay a fine or cost, the court |
|
|
shall notify the department of the court's finding under this |
|
|
section. |
|
|
SECTION 37. The following provisions are repealed: |
|
|
(1) Articles 45.044 and 102.072, Code of Criminal |
|
|
Procedure; |
|
|
(2) Article 45.0492(e), Code of Criminal Procedure, as |
|
|
added by Chapter 227 (H.B. 350), Acts of the 82nd Legislature, |
|
|
Regular Session, 2011; and |
|
|
(3) Section 133.103, Local Government Code. |
|
|
SECTION 38. The changes in law made by this Act to Articles |
|
|
14.06, 27.14, and 45.019, Code of Criminal Procedure, and Sections |
|
|
502.010 and 708.158 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 39. 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 40. 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 41. 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 42. The repeal by this Act of Article 45.044, Code |
|
|
of Criminal Procedure, does not apply to a cash bond posted by a |
|
|
defendant before the effective date of this Act. A cash bond posted |
|
|
by a defendant before the effective date of this Act is governed by |
|
|
the law as it existed on the date the bond was posted, and the former |
|
|
law is continued in effect for that purpose. |
|
|
SECTION 43. 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 of which the defendant |
|
|
was convicted was committed before, on, or after the effective date |
|
|
of this Act. |
|
|
SECTION 44. The repeal by this Act of Article 102.072, Code |
|
|
of Criminal Procedure, applies only to a transaction that occurs on |
|
|
or after the effective date of this Act. A transaction that occurs |
|
|
before the effective date of this Act is governed by the law in |
|
|
effect on the date the transaction occurred, and the former law is |
|
|
continued in effect for that purpose. |
|
|
SECTION 45. The change in law made by this Act in amending |
|
|
Article 103.0031, Code of Criminal Procedure, does not affect the |
|
|
terms of a contract entered into before the effective date of this |
|
|
Act, except that if the contract is renewed, modified, or extended |
|
|
on or after the effective date of this Act, Article 103.0031 applies |
|
|
to the contract beginning on the date of renewal, modification, or |
|
|
extension. |
|
|
SECTION 46. The repeal by this Act of Section 133.103, Local |
|
|
Government Code, does not apply to an offense committed before the |
|
|
effective date of this Act. An offense committed before the |
|
|
effective date of this Act is governed by the law as it existed 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 47. This Act takes effect September 1, 2017. |