Texas 2013 - 83rd Regular

Texas Senate Bill SB395 Compare Versions

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1	1	By: West S.B. No. 395
2	2	(Herrero)
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to fines and court costs imposed on a child in a criminal
8	8	case.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Article 42.15, Code of Criminal Procedure, is
11	11	amended by amending Subsection (b) and adding Subsections (d), (e),
12	12	and (f) to read as follows:
13	13	(b) Subject to Subsections [Subsection] (c) and (d), when
14	14	imposing a fine and costs, a court may direct a defendant:
15	15	(1) to pay the entire fine and costs when sentence is
16	16	pronounced;
17	17	(2) to pay the entire fine and costs at some later
18	18	date; or
19	19	(3) to pay a specified portion of the fine and costs at
20	20	designated intervals.
21	21	(d) A judge may allow a defendant who is a child, as defined
22	22	by Article 45.058(h), to elect at the time of conviction, as defined
23	23	by Section 133.101, Local Government Code, to discharge the fine
24	24	and costs by:
25	25	(1) performing community service or receiving
26	26	tutoring under Article 45.0492, as added by Chapter 227 (H.B. 350),
27	27	Acts of the 82nd Legislature, Regular Session, 2011; or
28	28	(2) paying the fine and costs in a manner described by
29	29	Subsection (b).
30	30	(e) The election under Subsection (d) must be made in
31	31	writing, signed by the defendant, and, if present, signed by the
32	32	defendant's parent, guardian, or managing conservator. The court
33	33	shall maintain the written election as a record of the court and
34	34	provide a copy to the defendant.
35	35	(f) The requirement under Article 45.0492(a), as added by
36	36	Chapter 227 (H.B. 350), Acts of the 82nd Legislature, Regular
37	37	Session, 2011, that an offense occur in a building or on the grounds
38	38	of the primary or secondary school at which the defendant was
39	39	enrolled at the time of the offense does not apply to the
40	40	performance of community service or the receipt of tutoring to
41	41	discharge a fine or costs under Subsection (d)(1).
42	42	SECTION 2. Article 43.091, Code of Criminal Procedure, is
43	43	amended to read as follows:
44	44	Art. 43.091. WAIVER OF PAYMENT OF FINES AND COSTS FOR
45	45	INDIGENT DEFENDANTS AND CHILDREN. A court may waive payment of a
46	46	fine or cost imposed on a defendant who defaults in payment if the
47	47	court determines that:
48	48	(1) the defendant is indigent or was, at the time the
49	49	offense was committed, a child as defined by Article 45.058(h); and
50	50	(2) each alternative method of discharging the fine or
51	51	cost under Article 43.09 or 42.15 would impose an undue hardship on
52	52	the defendant.
53	53	SECTION 3. Article 45.041, Code of Criminal Procedure, is
54	54	amended by amending Subsection (b) and adding Subsections (b-3),
55	55	(b-4), and (b-5) to read as follows:
56	56	(b) Subject to Subsections [Subsection] (b-2) and (b-3),
57	57	the justice or judge may direct the defendant:
58	58	(1) to pay:
59	59	(A) the entire fine and costs when sentence is
60	60	pronounced;
61	61	(B) the entire fine and costs at some later date;
62	62	or
63	63	(C) a specified portion of the fine and costs at
64	64	designated intervals;
65	65	(2) if applicable, to make restitution to any victim
66	66	of the offense; and
67	67	(3) to satisfy any other sanction authorized by law.
68	68	(b-3) A judge may allow a defendant who is a child, as
69	69	defined by Article 45.058(h), to elect at the time of conviction, as
70	70	defined by Section 133.101, Local Government Code, to discharge the
71	71	fine and costs by:
72	72	(1) performing community service or receiving
73	73	tutoring under Article 45.0492, as added by Chapter 227 (H.B. 350),
74	74	Acts of the 82nd Legislature, Regular Session, 2011; or
75	75	(2) paying the fine and costs in a manner described by
76	76	Subsection (b).
77	77	(b-4) The election under Subsection (b-3) must be made in
78	78	writing, signed by the defendant, and, if present, signed by the
79	79	defendant's parent, guardian, or managing conservator. The court
80	80	shall maintain the written election as a record of the court and
81	81	provide a copy to the defendant.
82	82	(b-5) The requirement under Article 45.0492(a), as added by
83	83	Chapter 227 (H.B. 350), Acts of the 82nd Legislature, Regular
84	84	Session, 2011, that an offense occur in a building or on the grounds
85	85	of the primary or secondary school at which the defendant was
86	86	enrolled at the time of the offense does not apply to the
87	87	performance of community service or the receipt of tutoring to
88	88	discharge a fine or costs under Subsection (b-3)(1).
89	89	SECTION 4. Article 45.0491, Code of Criminal Procedure, is
90	90	amended to read as follows:
91	91	Art. 45.0491. WAIVER OF PAYMENT OF FINES AND COSTS FOR
92	92	INDIGENT DEFENDANTS AND CHILDREN. A municipal court, regardless of
93	93	whether the court is a court of record, or a justice court may waive
94	94	payment of a fine or costs imposed on a defendant who defaults in
95	95	payment if the court determines that:
96	96	(1) the defendant is indigent or was, at the time the
97	97	offense was committed, a child as defined by Article 45.058(h); and
98	98	(2) discharging the fine and costs under Article
99	99	45.049 or as otherwise authorized by this chapter would impose an
100	100	undue hardship on the defendant.
101	101	SECTION 5. (a) Articles 42.15 and 45.041, Code of Criminal
102	102	Procedure, as amended by this Act, apply only to a sentencing
103	103	proceeding that commences on or after the effective date of this
104	104	Act.
105	105	(b) Articles 43.091 and 45.0491, Code of Criminal
106	106	Procedure, as amended by this Act, apply to a sentencing proceeding
107	107	that commences before, on, or after the effective date of this Act.
108	108	SECTION 6. This Act takes effect September 1, 2013.