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  83R2731 RWG-D
 
  By: West S.B. No. 395
 
 
 
A BILL TO BE ENTITLED
 
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) and
  (e) 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)  When imposing a fine and costs on a defendant who is a
  child, as defined by Article 45.058(h), the court shall allow the
  defendant to choose to discharge the fine and costs by:
               (1)  performing community service under Article
  43.09(h); or
               (2)  paying the fine and costs in a manner described by
  Subsection (b).
         (e)  The defendant's choice 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 enter the choice in the record and provide a copy to the
  defendant.
         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 is 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) and
  (b-4) 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)  When imposing a fine and costs on a defendant who is a
  child, as defined by Article 45.058(h), the court shall allow the
  defendant to choose to discharge the fine and costs by:
               (1)  performing community service under Article
  43.09(h); or
               (2)  paying the fine and costs in a manner described by
  Subsection (b).
         (b-4)  The defendant's choice 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 enter the choice in the record and provide a copy to the
  defendant.
         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 is a child as defined
  by Article 45.058(h); and
               (2)  discharging the fine and costs under Article
  45.049 would impose an undue hardship on the defendant.
         SECTION 5.  The change in law made by this Act applies only
  to a sentencing proceeding that commences on or after the effective
  date of this Act. A sentencing proceeding that commences before the
  effective date of this Act is governed by the law in effect at the
  time the proceeding commences, and the former law is continued in
  effect for that purpose.
         SECTION 6.  This Act takes effect September 1, 2013.