| 1 | | - | By: Fletcher, et al. (Senate Sponsor - Whitmire) H.B. No. 121 |
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| 2 | | - | (In the Senate - Received from the House May 5, 2015; |
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| 3 | | - | May 6, 2015, read first time and referred to Committee on Criminal |
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| 4 | | - | Justice; May 13, 2015, reported favorably by the following vote: |
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| 5 | | - | Yeas 6, Nays 1; May 13, 2015, sent to printer.) |
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| 6 | | - | Click here to see the committee vote |
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| 1 | + | H.B. No. 121 |
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| 10 | 4 | | AN ACT |
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| 11 | 5 | | relating to an alternative means of payment of certain past due |
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| 12 | 6 | | criminal fines and court costs. |
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| 13 | 7 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 14 | 8 | | SECTION 1. The heading to Chapter 103, Code of Criminal |
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| 15 | 9 | | Procedure, is amended to read as follows: |
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| 16 | 10 | | CHAPTER 103. PAYMENT, COLLECTION, AND RECORDKEEPING |
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| 17 | 11 | | SECTION 2. Chapter 103, Code of Criminal Procedure, is |
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| 18 | 12 | | amended by adding Article 103.0025 to read as follows: |
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| 19 | 13 | | Art. 103.0025. ALTERNATIVE PAYMENT PROCEDURE FOR CERTAIN |
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| 20 | 14 | | PAST DUE FINES AND COSTS. (a) This article applies to a |
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| 21 | 15 | | defendant's past due payment on a judgment for a fine and related |
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| 22 | 16 | | court costs if a capias pro fine has been issued in the case. |
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| 23 | 17 | | (b) Notwithstanding any other provision of law, the court |
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| 24 | 18 | | may adopt an alternative procedure for collecting a past due |
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| 25 | 19 | | payment described by Subsection (a). Under the procedure, a peace |
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| 26 | 20 | | officer who executes a capias pro fine or who is authorized to |
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| 27 | 21 | | arrest a defendant on other grounds and knows that the defendant |
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| 28 | 22 | | owes a past due payment described by Subsection (a): |
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| 29 | 23 | | (1) shall inform the defendant of: |
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| 30 | 24 | | (A) the possibility of making an immediate |
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| 31 | 25 | | payment of the fine and related court costs by use of a credit or |
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| 32 | 26 | | debit card; and |
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| 33 | 27 | | (B) the defendant's available alternatives to |
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| 34 | 28 | | making an immediate payment; and |
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| 35 | 29 | | (2) may accept, on behalf of the court, the defendant's |
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| 36 | 30 | | immediate payment of the fine and related court costs by use of a |
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| 37 | 31 | | credit or debit card, after which the peace officer may release the |
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| 38 | 32 | | defendant as appropriate based on the officer's authority for the |
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| 39 | 33 | | arrest. |
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| 40 | 34 | | (c) A peace officer accepting a payment under Subsection |
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| 41 | 35 | | (b)(2) may also accept payment for fees for the issuance and |
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| 42 | 36 | | execution of the capias pro fine. |
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| 43 | 37 | | SECTION 3. This Act takes effect immediately if it receives |
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| 44 | 38 | | a vote of two-thirds of all the members elected to each house, as |
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| 45 | 39 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 46 | 40 | | Act does not receive the vote necessary for immediate effect, this |
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| 47 | 41 | | Act takes effect September 1, 2015. |
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| 48 | | - | * * * * * |
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| 42 | + | ______________________________ ______________________________ |
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| 43 | + | President of the Senate Speaker of the House |
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| 44 | + | I certify that H.B. No. 121 was passed by the House on May 4, |
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| 45 | + | 2015, by the following vote: Yeas 135, Nays 2, 2 present, not |
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| 46 | + | voting. |
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| 47 | + | ______________________________ |
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| 48 | + | Chief Clerk of the House |
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| 49 | + | I certify that H.B. No. 121 was passed by the Senate on May |
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| 50 | + | 20, 2015, by the following vote: Yeas 24, Nays 6. |
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| 51 | + | ______________________________ |
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| 52 | + | Secretary of the Senate |
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| 53 | + | APPROVED: _____________________ |
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| 54 | + | Date |
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| 55 | + | _____________________ |
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| 56 | + | Governor |
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