S.B. No. 395

	AN ACT
	relating to fines and court costs imposed on a child in a criminal
	case.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Article 42.15, Code of Criminal Procedure, is
	amended by amending Subsection (b) and adding Subsections (d), (e),
	and (f) to read as follows:
	(b)  Subject to Subsections [Subsection] (c) and (d), 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.
	(d)  A judge may allow a defendant who is a child, as defined
	by Article 45.058(h), to elect at the time of conviction, as defined
	by Section 133.101, Local Government Code, to discharge the fine
	and costs by:
	(1)  performing community service or receiving
	tutoring under Article 45.0492, as added by Chapter 227 (H.B. 350),
	Acts of the 82nd Legislature, Regular Session, 2011; or
	(2)  paying the fine and costs in a manner described by
	Subsection (b).
	(e)  The election under Subsection (d) must be made in
	writing, signed by the defendant, and, if present, signed by the
	defendant's parent, guardian, or managing conservator.  The court
	shall maintain the written election as a record of the court and
	provide a copy to the defendant.
	(f)  The requirement under Article 45.0492(a), as added by
	Chapter 227 (H.B. 350), Acts of the 82nd Legislature, Regular
	Session, 2011, that an offense occur in a building or on the grounds
	of the primary or secondary school at which the defendant was
	enrolled at the time of the offense does not apply to the
	performance of community service or the receipt of tutoring to
	discharge a fine or costs under Subsection (d)(1).
	SECTION 2.  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 3.  Article 45.041, Code of Criminal Procedure, is
	amended by amending Subsection (b) and adding Subsections (b-3),
	(b-4), and (b-5) to read as follows:
	(b)  Subject to Subsections [Subsection] (b-2) and (b-3),
	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.
	(b-3)  A judge may allow a defendant who is a child, as
	defined by Article 45.058(h), to elect at the time of conviction, as
	defined by Section 133.101, Local Government Code, to discharge the
	fine and costs by:
	(1)  performing community service or receiving
	tutoring under Article 45.0492, as added by Chapter 227 (H.B. 350),
	Acts of the 82nd Legislature, Regular Session, 2011; or
	(2)  paying the fine and costs in a manner described by
	Subsection (b).
	(b-4)  The election under Subsection (b-3) must be made in
	writing, signed by the defendant, and, if present, signed by the
	defendant's parent, guardian, or managing conservator.  The court
	shall maintain the written election as a record of the court and
	provide a copy to the defendant.
	(b-5)  The requirement under Article 45.0492(a), as added by
	Chapter 227 (H.B. 350), Acts of the 82nd Legislature, Regular
	Session, 2011, that an offense occur in a building or on the grounds
	of the primary or secondary school at which the defendant was
	enrolled at the time of the offense does not apply to the
	performance of community service or the receipt of tutoring to
	discharge a fine or costs under Subsection (b-3)(1).
	SECTION 4.  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 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 5.  (a)  Articles 42.15 and 45.041, Code of Criminal
	Procedure, as amended by this Act, apply only to a sentencing
	proceeding that commences on or after the effective date of this
	Act.
	(b)  Articles 43.091 and 45.0491, Code of Criminal
	Procedure, as amended by this Act, apply to a sentencing proceeding
	that commences before, on, or after the effective date of this Act.
	SECTION 6.  This Act takes effect September 1, 2013.
	______________________________	______________________________
	President of the Senate	Speaker of the House
	I hereby certify that S.B. No. 395 passed the Senate on
	March 27, 2013, by the following vote:  Yeas 30, Nays 0.
	______________________________
	Secretary of the Senate
	I hereby certify that S.B. No. 395 passed the House on
	May 16, 2013, by the following vote:  Yeas 76, Nays 67, two
	present not voting.
	______________________________
	Chief Clerk of the House
	Approved:
	______________________________
	Date
	______________________________
	Governor