Texas 2017 - 85th Regular

Texas House Bill HB50 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	85R762 KJE-F
2	2	By: White H.B. No. 50
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the discharge or waiver of fines and costs imposed on
8	8	indigent defendants.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Article 42.15(b), Code of Criminal Procedure, is
11	11	amended to read as follows:
12	12	(b) Subject to Subsections (c) and (d) and Article 43.09(f),
13	13	when imposing a fine and costs, a court may direct a defendant:
14	14	(1) to pay the entire fine and costs when sentence is
15	15	pronounced;
16	16	(2) to pay the entire fine and costs at some later
17	17	date; or
18	18	(3) to pay a specified portion of the fine and costs at
19	19	designated intervals.
20	20	SECTION 2. Article 43.09(f), Code of Criminal Procedure, is
21	21	amended to read as follows:
22	22	(f) At sentencing or at any time after sentencing, a [A]
23	23	court may require a defendant who is unable to pay a fine or costs to
24	24	discharge all or part of the fine or costs by performing community
25	25	service.
26	26	SECTION 3. Article 43.091, Code of Criminal Procedure, is
27	27	amended to read as follows:
28	28	Art. 43.091. WAIVER OF PAYMENT OF FINES AND COSTS FOR
29	29	INDIGENT DEFENDANTS AND CHILDREN. A court may waive payment of a
30	30	fine or cost imposed on a defendant [who defaults in payment] if the
31	31	court determines that:
32	32	(1) the defendant is indigent or was, at the time the
33	33	offense was committed, a child as defined by Article 45.058(h); and
34	34	(2) each alternative method of discharging the fine or
35	35	cost under Article 43.09 or 42.15 would impose an undue hardship on
36	36	the defendant.
37	37	SECTION 4. Article 45.041, Code of Criminal Procedure, is
38	38	amended by amending Subsection (b) and adding Subsection (b-2a) to
39	39	read as follows:
40	40	(b) Subject to Subsections (b-2), (b-2a), and (b-3), the
41	41	justice or judge may direct the defendant:
42	42	(1) to pay:
43	43	(A) the entire fine and costs when sentence is
44	44	pronounced;
45	45	(B) the entire fine and costs at some later date;
46	46	or
47	47	(C) a specified portion of the fine and costs at
48	48	designated intervals;
49	49	(2) if applicable, to make restitution to any victim
50	50	of the offense; and
51	51	(3) to satisfy any other sanction authorized by law.
52	52	(b-2a) If in imposing a fine and costs the justice or judge
53	53	determines that the defendant has insufficient resources or income
54	54	to pay the fine or costs, the justice or judge may require the
55	55	defendant to discharge all or part of the fine or costs by
56	56	performing community service as provided by Article 45.049.
57	57	SECTION 5. Article 45.0491, Code of Criminal Procedure, is
58	58	amended to read as follows:
59	59	Art. 45.0491. WAIVER OF PAYMENT OF FINES AND COSTS FOR
60	60	INDIGENT DEFENDANTS AND CHILDREN. A municipal court, regardless
61	61	of whether the court is a court of record, or a justice court may
62	62	waive payment of a fine or costs imposed on a defendant [who
63	63	defaults in payment] if the court determines that:
64	64	(1) the defendant is indigent or was, at the time the
65	65	offense was committed, a child as defined by Article 45.058(h); and
66	66	(2) discharging the fine and costs under Article
67	67	45.049 or as otherwise authorized by this chapter would impose an
68	68	undue hardship on the defendant.
69	69	SECTION 6. The changes in law made by this Act apply to a
70	70	sentencing proceeding that commences before, on, or after the
71	71	effective date of this Act.
72	72	SECTION 7. This Act takes effect September 1, 2017.