Texas 2017 - 85th Regular

Texas Senate Bill SB1335 Compare Versions

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

Old	New	Differences
1	1	85R2653 JCG-D
2	2	By: Hinojosa S.B. No. 1335
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the amount of a fine or cost imposed in a criminal case
8	8	by a justice or municipal court and to the court's authority to
9	9	order a defendant confined in jail for failure to pay a fine or cost
10	10	or for contempt.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Article 45.041(c), Code of Criminal Procedure,
13	13	is amended to read as follows:
14	14	(c) The justice or judge shall credit the defendant for time
15	15	served in jail as provided by Article 42.03. The credit shall be
16	16	applied to the amount of the fine and costs at the rate of not less
17	17	than $50 for each period served that is not less than eight hours or
18	18	more than 24 hours, as specified by the justice or judge [provided
19	19	by Article 45.048].
20	20	SECTION 2. The heading to Article 45.046, Code of Criminal
21	21	Procedure, is amended to read as follows:
22	22	Art. 45.046. HEARING ON DEFAULT [COMMITMENT].
23	23	SECTION 3. Article 45.046(a), Code of Criminal Procedure,
24	24	is amended to read as follows:
25	25	(a) When a judgment and sentence have been entered against a
26	26	defendant and the defendant defaults in the discharge of the
27	27	judgment, the judge may order the defendant to appear [confined in
28	28	jail until discharged by law if the judge] at a hearing and show
29	29	cause as to why the defendant defaulted in discharging the judgment
30	30	[makes a written determination that:
31	31	[(1) the defendant is not indigent and has failed to
32	32	make a good faith effort to discharge the fine and costs; or
33	33	[(2) the defendant is indigent and:
34	34	[(A) has failed to make a good faith effort to
35	35	discharge the fines and costs under Article 45.049; and
36	36	[(B) could have discharged the fines and costs
37	37	under Article 45.049 without experiencing any undue hardship].
38	38	SECTION 4. Subchapter B, Chapter 45, Code of Criminal
39	39	Procedure, is amended by adding Article 45.0465 to read as follows:
40	40	Art. 45.0465. CONFINEMENT FOR FAILURE TO SATISFY JUDGMENT
41	41	OR FOR CONTEMPT PROHIBITED. A justice or municipal court may not
42	42	order the confinement of a person, including a child as defined by
43	43	Article 45.058(h), for:
44	44	(1) the failure to pay all or any part of a fine or
45	45	costs imposed for the conviction of an offense punishable by fine
46	46	only; or
47	47	(2) contempt of a judgment entered for the conviction
48	48	of an offense punishable by fine only.
49	49	SECTION 5. Article 45.048(a), Code of Criminal Procedure,
50	50	is amended to read as follows:
51	51	(a) A defendant confined [placed] in jail [on account of
52	52	failure to pay the fine and costs] shall be discharged on habeas
53	53	corpus by showing that the defendant was confined in jail:
54	54	(1) in violation of Article 45.0465 or 45.050(b) [is
55	55	too poor to pay the fine and costs]; or
56	56	(2) as a result of:
57	57	(A) failure to pay the applicable fine or costs
58	58	imposed by a judgment entered for the conviction of an offense
59	59	punishable by fine only; or
60	60	(B) contempt of a judgment described by Paragraph
61	61	(A) or, if the defendant is a child, contempt of an order of a
62	62	justice or municipal court [has remained in jail a sufficient
63	63	length of time to satisfy the fine and costs, at the rate of not less
64	64	than $50 for each period of time served, as specified by the
65	65	convicting court in the judgment in the case].
66	66	SECTION 6. The heading to Article 45.050, Code of Criminal
67	67	Procedure, is amended to read as follows:
68	68	Art. 45.050. [FAILURE TO PAY FINE;] CONTEMPT: JUVENILES.
69	69	SECTION 7. Article 45.050(b), Code of Criminal Procedure,
70	70	is amended to read as follows:
71	71	(b) A justice or municipal court may not order the
72	72	confinement of a child for[:
73	73	[(1) the failure to pay all or any part of a fine or
74	74	costs imposed for the conviction of an offense punishable by fine
75	75	only; or
76	76	[(2)] contempt of an [another] order of a justice or
77	77	municipal court.
78	78	SECTION 8. Section 21.002(c), Government Code, is amended
79	79	to read as follows:
80	80	(c) Subject to Articles 45.0465 and 45.050(b), Code of
81	81	Criminal Procedure, the [The] punishment for contempt of a justice
82	82	court or municipal court is a fine of not more than $100 or
83	83	confinement in the county or municipal [city] jail for not more than
84	84	three days, or both such a fine and confinement in jail.
85	85	SECTION 9. Articles 45.046(b) and 45.048(b), Code of
86	86	Criminal Procedure, are repealed.
87	87	SECTION 10. (a) Except as provided by Subsection (b) of this
88	88	section, the changes in law made by this Act apply only to a
89	89	judgment that has not been discharged before the effective date of
90	90	this Act and a judgment entered on or after the effective date of
91	91	this Act.
92	92	(b) Article 45.050(b), Code of Criminal Procedure, as
93	93	amended by this Act, applies only to an order entered on or after
94	94	the effective date of this Act.
95	95	(c) Not later than September 2, 2017, a county or municipal
96	96	jail shall release each person who, on the effective date of this
97	97	Act, is confined in the county or municipal jail for:
98	98	(1) the failure to pay all or any part of a fine or
99	99	costs imposed for the conviction of an offense punishable by fine
100	100	only, including confinement ordered under Article 45.046, Code of
101	101	Criminal Procedure, as that article existed before the effective
102	102	date of this Act;
103	103	(2) contempt of a judgment entered for the conviction
104	104	of an offense punishable by fine only; or
105	105	(3) contempt of an order of a justice or municipal
106	106	court, if the person is a child as defined by Article 45.058(h),
107	107	Code of Criminal Procedure.
108	108	SECTION 11. This Act takes effect September 1, 2017.