By: West S.B. No. 395
(Herrero)
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), (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.