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.