85R34225 KJE-D
By: Zaffirini S.R. No. 926
R E S O L U T I O N
BE IT RESOLVED by the Senate of the State of Texas, 85th
Legislature, Regular Session, 2017, That Senate Rule 12.03 be
suspended in part as provided by Senate Rule 12.08 to enable the
conference committee appointed to resolve the differences on Senate
Bill 1913 (the administrative, civil, and criminal consequences,
including fines, fees, and costs, imposed on persons arrested for,
charged with, or convicted of certain criminal offenses) to
consider and take action on the following matters:
(1) Senate Rules 12.03(1) and (2) are suspended to permit
the committee to amend and omit text not in disagreement in SECTION
5 of the bill, in added Articles 43.05(a-1) and (a-2), Code of
Criminal Procedure, to read as follows:
(a-1) A court may not issue a capias pro fine for the
defendant's failure to satisfy the judgment according to its terms
unless the court holds a hearing on the defendant's ability to
satisfy the judgment and:
(1) the defendant fails to appear at the hearing; or
(2) based on evidence presented at the hearing, the
court determines that the capias pro fine should be issued.
(a-2) The court shall recall a capias pro fine if, before
the capias pro fine is executed:
(1) the defendant voluntarily appears to resolve the
amount owed; and
(2) the amount owed is resolved in any manner
authorized by this code.
Explanation: This change is necessary to clarify the
circumstances in which a court may issue or shall recall a capias
pro fine.
(2) Senate Rule 12.03(2) is suspended to permit the
committee to omit text not in disagreement in SECTION 7 of the bill,
in amended Article 43.091, Code of Criminal Procedure, to read as
follows:
Art. 43.091. WAIVER OF PAYMENT OF FINES AND COSTS FOR
CERTAIN [INDIGENT] DEFENDANTS AND FOR CHILDREN. A court may waive
payment of all or part of a fine or costs [cost] imposed on a
defendant [who defaults in payment] if the court determines that:
(1) the defendant is indigent or does not have
sufficient resources or income to pay all or part of the fine or
costs 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.
Explanation: This change is necessary to remove unnecessary
and duplicative language.
(3) Senate Rules 12.03(1) and (2) are suspended to permit
the committee to amend and omit text not in disagreement in SECTION
8 of the bill, in added Article 45.014(e), Code of Criminal
Procedure, to read as follows:
(e) A justice or judge may not issue an arrest warrant for
the defendant's failure to appear at the initial court setting,
including failure to appear as required by a citation issued under
Article 14.06(b), unless:
(1) the justice or judge provides by telephone or
regular mail to the defendant notice that includes:
(A) a date and time, occurring within the 30-day
period following the date that notice is provided, when the
defendant must appear before the justice or judge;
(B) the name and address of the court with
jurisdiction in the case;
(C) information regarding alternatives to the
full payment of any fine or costs owed by the defendant, if the
defendant is unable to pay that amount; and
(D) an explanation of the consequences if the
defendant fails to appear before the justice or judge as required by
this article; and
(2) the defendant fails to appear before the justice
or judge as required by this article.
Explanation: This change is necessary to clarify and simplify
the limitation on a justice or judge's authority to issue an arrest
warrant for a defendant's failure to appear.
(4) Senate Rule 12.03(1) is suspended to permit the
committee to amend text not in disagreement in SECTION 9 of the
bill, in added Article 45.016(b), Code of Criminal Procedure, to
read as follows:
(b) The justice or judge may not, either instead of or in
addition to the personal bond, require a defendant to give a bail
bond unless:
(1) the defendant fails to appear in accordance with
this code with respect to the applicable offense; and
(2) the justice or judge determines that:
(A) the defendant has sufficient resources or
income to give a bail bond; and
(B) a bail bond is necessary to secure the
defendant's appearance in accordance with this code.
Explanation: This change is necessary to clarify the
circumstances in which a justice or judge may require a defendant to
give a bail bond in a criminal case based on an offense punishable
by fine only.
(5) Senate Rules 12.03(1) and (2) are suspended to permit
the committee to amend and omit text not in disagreement in SECTION
12 of the bill, in added Articles 45.045(a-2) and (a-3), Code of
Criminal Procedure, to read as follows:
(a-2) The court may not issue a capias pro fine for the
defendant's failure to satisfy the judgment according to its terms
unless the court holds a hearing on the defendant's ability to
satisfy the judgment and:
(1) the defendant fails to appear at the hearing; or
(2) based on evidence presented at the hearing, the
court determines that the capias pro fine should be issued.
(a-3) The court shall recall a capias pro fine if, before
the capias pro fine is executed:
(1) the defendant voluntarily appears to resolve the
amount owed; and
(2) the amount owed is resolved in any manner
authorized by this chapter.
Explanation: This change is necessary to clarify the
circumstances in which a court may issue or shall recall a capias
pro fine.
(6) Senate Rule 12.03(2) is suspended to permit the
committee to omit text not in disagreement in SECTION 16 of the
bill, in amended Article 45.0491(a), Code of Criminal Procedure, to
read as follows:
(a) A municipal court, regardless of whether the court is a
court of record, or a justice court may waive payment of all or part
of a fine or costs imposed on a defendant [who defaults in payment]
if the court determines that:
(1) the defendant is indigent or does not have
sufficient resources or income to pay all or part of the fine or
costs or was, at the time the offense was committed, a child as
defined by Article 45.058(h); and
(2) discharging the fine or [and] costs under Article
45.049 or as otherwise authorized by this chapter would impose an
undue hardship on the defendant.
Explanation: This change is necessary to remove unnecessary
and duplicative language.
(7) Senate Rule 12.03(3) is suspended to permit the
committee to add text on a matter which is not in disagreement by
adding SECTIONS 20 and 21 to the bill, amending Articles 45.051(a)
and 45.0511(t), Code of Criminal Procedure, to read as follows:
SECTION 20. Article 45.051(a), Code of Criminal Procedure,
is amended to read as follows:
(a) On a plea of guilty or nolo contendere by a defendant or
on a finding of guilt in a misdemeanor case punishable by fine only
and payment of all court costs, the judge may defer further
proceedings without entering an adjudication of guilt and place the
defendant on probation for a period not to exceed 180 days. In
issuing the order of deferral, the judge may impose a special
expense fee on the defendant in an amount not to exceed the amount
of the fine that could be imposed on the defendant as punishment for
the offense. The special expense fee may be collected at any time
before the date on which the period of probation ends. The judge
may elect not to impose the special expense fee for good cause shown
by the defendant. If the judge orders the collection of a special
expense fee, the judge shall require that the amount of the special
expense fee be credited toward the payment of the amount of the fine
imposed by the judge. An order of deferral under this subsection
terminates any liability under a [bail bond or an appearance] bond
given for the charge.
SECTION 21. Article 45.0511(t), Code of Criminal Procedure,
is amended to read as follows:
(t) An order of deferral under Subsection (c) terminates any
liability under a [bail bond or appearance] bond given for the
charge.
Explanation: The addition of text is a technical change
necessary to conform to the changes made in SECTION 9 of the bill,
in added Article 45.016(b), Code of Criminal Procedure.
(8) Senate Rule 12.03(1) is suspended to permit the
committee to amend text not in disagreement in SECTION 31 of the
bill, in the transition language, to read as follows:
SECTION 31. The changes in law made by this Act to Articles
45.016, 45.051, and 45.0511, Code of Criminal Procedure, apply only
to a bond executed on or after the effective date of this Act. A
bond executed before the effective date of this Act is governed by
the law in effect when the bond was executed, and the former law is
continued in effect for that purpose.
Explanation: This change is necessary to properly implement
the addition of SECTIONS 20 and 21 to the bill.