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  H.B. No. 3060
 
 
 
 
AN ACT
  relating to issuance by a court of a capias, a capias pro fine, or an
  arrest warrant.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Article 15.18, Code of Criminal Procedure, is
  amended by adding Subsection (d) to read as follows:
         (d)  This article does not apply to an arrest made pursuant
  to a capias pro fine issued under Chapter 43 or Article 45.045.
         SECTION 2.  Articles 17.19(b) and (c), Code of Criminal
  Procedure, are amended to read as follows:
         (b)  In a prosecution pending before a court, if [If] the
  court [or magistrate] finds that there is cause for the surety to
  surrender the surety's [his] principal, the court shall issue a
  [warrant of arrest or] capias for the principal. In a prosecution
  pending before a magistrate, if the magistrate finds that there is
  cause for the surety to surrender the surety's principal, the
  magistrate shall issue a warrant of arrest for the principal. It is
  an affirmative defense to any liability on the bond that:
               (1)  the court or magistrate refused to issue a capias
  or warrant of arrest [or capias] for the principal; and
               (2)  after the refusal to issue the capias or warrant of
  arrest, [or capias] the principal failed to appear.
         (c)  If the court or magistrate before whom the prosecution
  is pending is not available, the surety may deliver the affidavit to
  any other magistrate in the county and that magistrate, on a finding
  of cause for the surety to surrender the surety's [his] principal,
  shall issue a warrant of arrest [or capias] for the principal.
         SECTION 3.  Article 23.01, Code of Criminal Procedure, is
  amended to read as follows:
         Art. 23.01.  DEFINITION OF A "CAPIAS".  In this chapter, a 
  [A] "capias" is a writ that is:
               (1)  issued by a judge of the court having jurisdiction
  of a case after commitment or bail and before trial, [the court] or
  by a clerk at the direction of the judge; [,] and
               (2)  directed "To any peace officer of the State of
  Texas", commanding the officer [him] to arrest a person accused of
  an offense and bring the arrested person [him] before that court
  immediately[,] or on a day or at a term stated in the writ.
         SECTION 4.  Article 23.031, Code of Criminal Procedure, is
  amended to read as follows:
         Art. 23.031.  ISSUANCE OF CAPIAS IN ELECTRONIC FORM.  A
  district clerk, county clerk, or court may issue in electronic form
  a capias for the failure of a person to appear before a court[, pay a
  fine,] or comply with a court order.
         SECTION 5.  Article 23.04, Code of Criminal Procedure, is
  amended to read as follows:
         Art. 23.04.  IN MISDEMEANOR CASE.  In misdemeanor cases, the
  capias or summons shall issue from a court having jurisdiction of
  the case on the filing of an information or complaint. The summons
  shall be issued only upon request of the attorney representing the
  State and on the determination of probable cause by the judge, and
  shall follow the same form and procedure as in a felony case.
         SECTION 6.  Article 23.05(a), Code of Criminal Procedure, is
  amended to read as follows:
         (a)  If a forfeiture of bail is declared by a court or a
  surety surrenders a defendant under Article 17.19, a capias shall
  be immediately issued for the arrest of the defendant, and when
  arrested, in its discretion, the court may require the defendant,
  in order to be released from custody, to deposit with the custodian
  of funds of the court in which the prosecution is pending current
  money of the United States in the amount of the new bond as set by
  the court, in lieu of a surety bond, unless a forfeiture is taken
  and set aside under the third subdivision of Article 22.13 [of this
  code], in which case the defendant and the defendant's [his]
  sureties shall remain bound under the same bail.
         SECTION 7.  Chapter 43, Code of Criminal Procedure, is
  amended by adding Article 43.015 to read as follows:
         Art. 43.015.  DEFINITIONS.  In this chapter:
               (1)  "Capias" means a writ that is:
                     (A)  issued by a court having jurisdiction of a
  case after judgment and sentence; and
                     (B)  directed "To any peace officer of the State
  of Texas" and commanding the officer to arrest a person convicted of
  an offense and bring the arrested person before that court
  immediately or on a day or at a term stated in the writ.
               (2)  "Capias pro fine" means a writ that is:
                     (A)  issued by a court having jurisdiction of a
  case after judgment and sentence for unpaid fines and costs; and
                     (B)  directed "To any peace officer of the State
  of Texas" and commanding the officer to arrest a person convicted of
  an offense and bring the arrested person before that court
  immediately.
         SECTION 8.  Chapter 43, Code of Criminal Procedure, is
  amended by adding Article 43.021 to read as follows:
         Art. 43.021.  CAPIAS OR CAPIAS PRO FINE IN ELECTRONIC FORM.
  A capias or capias pro fine may be issued in electronic form.
         SECTION 9.  Article 43.03, Code of Criminal Procedure, is
  amended by amending Subsection (d) and adding Subsection (e) to
  read as follows:
         (d)  A court may not order a defendant confined under
  Subsection (a) of this article unless the court at a hearing makes a
  written determination that:
               (1)  [determines that] the defendant is not indigent
  and has failed to make a good faith effort to discharge the fines
  and costs [or determines that the defendant wilfully refused to pay
  or failed to make sufficient bona fide efforts legally to acquire
  the resources to pay and enters that determination in writing in the
  court docket]; or [and]
               (2)  the defendant is indigent and:
                     (A)  has failed to make a good faith effort to
  discharge the fines and costs under Article 43.09(f); and
                     (B)  could have discharged the fines and costs
  under Article 43.09 without experiencing any undue hardship
  [determines that no alternative method of discharging fines and
  costs provided by Article 43.09 of this code is appropriate for the
  defendant].
         (e)  This article does not apply to a court governed by
  Chapter 45.
         SECTION 10.  Article 43.04, Code of Criminal Procedure, is
  amended to read as follows:
         Art. 43.04.  IF DEFENDANT IS ABSENT.  When a judgment and
  sentence have been rendered against a defendant [for a fine] in the
  defendant's [his] absence, the court may order a capias issued for
  the defendant's [his] arrest. The sheriff shall execute the capias
  by bringing the defendant before the court or by placing the
  defendant in jail until the defendant [he] can be brought before the
  court.
         SECTION 11.  Article 43.05, Code of Criminal Procedure, is
  amended to read as follows:
         Art. 43.05.  CAPIAS PRO FINE SHALL RECITE [WHAT].  (a)  A
  [Where such] capias pro fine issued for the arrest and commitment of
  a defendant convicted of a misdemeanor or felony, or found in
  contempt, the penalty for which includes a fine, [issues, it] shall
  recite [state the rendition and amount of] the judgment and
  sentence[,] and command a peace officer [the sheriff] to
  immediately bring the defendant before the court.
         (b)  A capias pro fine authorizes a peace officer to [or]
  place the defendant [him] in jail until the business day following
  the date of the defendant's arrest if the defendant cannot [he can]
  be brought before the court immediately.
         SECTION 12.  Article 43.06, Code of Criminal Procedure, is
  amended to read as follows:
         Art. 43.06.  CAPIAS OR CAPIAS PRO FINE MAY ISSUE TO ANY
  COUNTY.  A [The] capias or capias pro fine [provided for in this
  Chapter] may be issued to any county in the State, and shall be
  executed and returned as in other cases, but no bail shall be taken
  in such cases.
         SECTION 13.  Article 43.07, Code of Criminal Procedure, is
  amended to read as follows:
         Art. 43.07.  EXECUTION FOR FINE AND COSTS.  In each case of
  pecuniary fine, an execution may issue for the fine and costs,
  though a capias pro fine was issued for the defendant; and a capias
  pro fine may issue for the defendant though an execution was issued
  against the defendant's [his] property. The execution shall be
  collected and returned as in civil actions. When the execution has
  been collected, the defendant shall be at once discharged; and
  whenever the fine and costs have been legally discharged in any way,
  the execution shall be returned satisfied.
         SECTION 14.  Article 43.09, Code of Criminal Procedure, is
  amended by adding Subsection (n) to read as follows:
         (n)  This article does not apply to a court governed by
  Chapter 45.
         SECTION 15.  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 [IN JUSTICE OR MUNICIPAL COURT].  A [municipal
  court, regardless of whether the court is a court of record, or a
  justice] 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; and
               (2)  each alternative method of discharging the fine or
  cost under Article 43.09 would impose an undue hardship on the
  defendant.
         SECTION 16.  Article 45.045(a), Code of Criminal Procedure,
  is amended to read as follows:
         (a)  If the defendant is not in custody when the judgment is
  rendered or if the defendant fails to satisfy the judgment
  according to its terms, the court may order a capias pro fine, as
  defined by Article 43.015, issued for the defendant's arrest. The
  capias pro fine shall state the amount of the judgment and sentence,
  and command the appropriate peace officer to bring the defendant
  before the court immediately or place the defendant in jail until
  the business day following the date of the defendant's arrest if the
  defendant cannot [can] be brought before the court immediately.
         SECTION 17.  Article 45.049, Code of Criminal Procedure, is
  amended by adding Subsection (g) to read as follows:
         (g)  A community supervision and corrections department or a
  court-related services office may provide the administrative and
  other services necessary for supervision of a defendant required to
  perform community service under this article.
         SECTION 18.  Chapter 45, Code of Criminal Procedure, is
  amended by adding Article 45.0491 to read as follows:
         Art. 45.0491.  WAIVER OF PAYMENT OF FINES AND COSTS FOR
  INDIGENT DEFENDANTS. 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; and
               (2)  discharging the fine and costs under Article
  45.049 would impose an undue hardship on the defendant.
         SECTION 19.  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 [determines] that:
               (1)  the defendant is not indigent and has
  [intentionally] failed to make a good faith effort to discharge the
  fine and costs [judgment]; or
               (2)  the defendant is [not] indigent and:
                     (A)  has failed to make a good faith effort to
  discharge the fines and costs under Article 45.049; and
                     (B)  could have discharged the fines and costs
  under Article 45.049 without experiencing any undue hardship.
         SECTION 20.  Article 102.011(a), Code of Criminal Procedure,
  is amended to read as follows:
         (a)  A defendant convicted of a felony or a misdemeanor shall
  pay the following fees for services performed in the case by a peace
  officer:
               (1)  $5 for issuing a written notice to appear in court
  following the defendant's violation of a traffic law, municipal
  ordinance, or penal law of this state, or for making an arrest
  without a warrant;
               (2)  $50 for executing or processing an issued arrest
  warrant, [or] capias, or capias pro fine with the fee imposed for
  the services of:
                     (A)  the law enforcement agency that executed the
  arrest warrant or capias, if the agency requests of the court, not
  later than the 15th day after the date of the execution of the
  arrest warrant or capias, the imposition of the fee on conviction;
  or
                     (B)  the law enforcement agency that processed the
  arrest warrant or capias, if the executing law enforcement agency
  failed to request the fee within the period required by Paragraph
  (A) of this subdivision;
               (3)  $5 for summoning a witness;
               (4)  $35 for serving a writ not otherwise listed in this
  article;
               (5)  $10 for taking and approving a bond and, if
  necessary, returning the bond to the courthouse;
               (6)  $5 for commitment or release;
               (7)  $5 for summoning a jury, if a jury is summoned; and
               (8)  $8 for each day's attendance of a prisoner in a
  habeas corpus case if the prisoner has been remanded to custody or
  held to bail.
         SECTION 21.  Article 102.011(a), Code of Criminal Procedure,
  is amended to read as follows:
         (a)  A defendant convicted of a felony or a misdemeanor shall
  pay the following fees for services performed in the case by a peace
  officer:
               (1)  $5 for issuing a written notice to appear in court
  following the defendant's violation of a traffic law, municipal
  ordinance, or penal law of this state, or for making an arrest
  without a warrant;
               (2)  $50 for executing or processing an issued arrest
  warrant or capias, with the fee imposed for the services of:
                     (A)  the law enforcement agency that executed the
  arrest warrant or capias, if the agency requests of the court, not
  later than the 15th day after the date of the execution of the
  arrest warrant or capias, the imposition of the fee on conviction;
  or
                     (B)  the law enforcement agency that processed the
  arrest warrant or capias, if:
                           (i)  the arrest warrant or capias was not
  executed; or
                           (ii)  the executing law enforcement agency
  failed to request the fee within the period required by Paragraph
  (A) of this subdivision;
               (3)  $5 for summoning a witness;
               (4)  $35 for serving a writ not otherwise listed in this
  article;
               (5)  $10 for taking and approving a bond and, if
  necessary, returning the bond to the courthouse;
               (6)  $5 for commitment or release;
               (7)  $5 for summoning a jury, if a jury is summoned;
  and
               (8)  $8 for each day's attendance of a prisoner in a
  habeas corpus case if the prisoner has been remanded to custody or
  held to bail.
         SECTION 22.  Articles 43.09(m) and 43.12, Code of Criminal
  Procedure, are repealed.
         SECTION 23.  The change in law made by this Act applies only
  to a fee imposed for the execution or processing of a warrant or
  capias issued for an offense committed on or after the effective
  date of this Act.  A fee imposed for the execution or processing of a
  warrant or capias issued for an offense committed before the
  effective date of this Act is covered by the law in effect when the
  offense was committed, and the former law is continued in effect for
  that purpose.  For purposes of this section, an offense is committed
  before the effective date of this Act if any element of the offense
  occurs before that date.
         SECTION 24.  This Act takes effect September 1, 2007.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 3060 was passed by the House on April
  26, 2007, by the following vote:  Yeas 136, Nays 0, 2 present, not
  voting; and that the House concurred in Senate amendments to H.B.
  No. 3060 on May 23, 2007, by the following vote:  Yeas 147, Nays 0,
  1 present, not voting.
 
  ______________________________
  Chief Clerk of the House   
 
         I certify that H.B. No. 3060 was passed by the Senate, with
  amendments, on May 21, 2007, by the following vote:  Yeas 31, Nays
  0.
 
  ______________________________
  Secretary of the Senate   
  APPROVED: __________________
                  Date       
   
           __________________
                Governor