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Texas Senate Bill SR926

Texas 2017 - 85th Regular

Texas Senate Bill SR926 Compare Versions

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12 By: Zaffirini S.R. No. 926
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4- SENATE RESOLUTION
5+ R E S O L U T I O N
56 BE IT RESOLVED by the Senate of the State of Texas, 85th
67 Legislature, Regular Session, 2017, That Senate Rule 12.03 be
78 suspended in part as provided by Senate Rule 12.08 to enable the
8- conference committee appointed to resolve the differences on
9- Senate Bill 1913 (the administrative, civil, and criminal
10- consequences, including fines, fees, and costs, imposed on
11- persons arrested for, charged with, or convicted of certain
12- criminal offenses) to consider and take action on the following
13- matters:
9+ conference committee appointed to resolve the differences on Senate
10+ Bill 1913 (the administrative, civil, and criminal consequences,
11+ including fines, fees, and costs, imposed on persons arrested for,
12+ charged with, or convicted of certain criminal offenses) to
13+ consider and take action on the following matters:
1414 (1) Senate Rules 12.03(1) and (2) are suspended to permit
15- the committee to amend and omit text not in disagreement in
16- SECTION 5 of the bill, in added Articles 43.05(a-1) and (a-2),
17- Code of Criminal Procedure, to read as follows:
15+ the committee to amend and omit text not in disagreement in SECTION
16+ 5 of the bill, in added Articles 43.05(a-1) and (a-2), Code of
17+ Criminal Procedure, to read as follows:
1818 (a-1) A court may not issue a capias pro fine for the
19- defendant's failure to satisfy the judgment according to its
20- terms unless the court holds a hearing on the defendant's ability
21- to satisfy the judgment and:
19+ defendant's failure to satisfy the judgment according to its terms
20+ unless the court holds a hearing on the defendant's ability to
21+ satisfy the judgment and:
2222 (1) the defendant fails to appear at the hearing; or
2323 (2) based on evidence presented at the hearing, the
2424 court determines that the capias pro fine should be issued.
2525 (a-2) The court shall recall a capias pro fine if, before
2626 the capias pro fine is executed:
27- (1) the defendant voluntarily appears to resolve
28- the amount owed; and
27+ (1) the defendant voluntarily appears to resolve the
28+ amount owed; and
2929 (2) the amount owed is resolved in any manner
3030 authorized by this code.
3131 Explanation: This change is necessary to clarify the
3232 circumstances in which a court may issue or shall recall a capias
3333 pro fine.
3434 (2) Senate Rule 12.03(2) is suspended to permit the
35- committee to omit text not in disagreement in SECTION 7 of the
36- bill, in amended Article 43.091, Code of Criminal Procedure, to
37- read as follows:
35+ committee to omit text not in disagreement in SECTION 7 of the bill,
36+ in amended Article 43.091, Code of Criminal Procedure, to read as
37+ follows:
3838 Art. 43.091. WAIVER OF PAYMENT OF FINES AND COSTS FOR
39- CERTAIN [INDIGENT] DEFENDANTS AND FOR CHILDREN. A court may
40- waive payment of all or part of a fine or costs [cost] imposed on
41- a defendant [who defaults in payment] if the court determines
42- that:
39+ CERTAIN [INDIGENT] DEFENDANTS AND FOR CHILDREN. A court may waive
40+ payment of all or part of a fine or costs [cost] imposed on a
41+ defendant [who defaults in payment] if the court determines that:
4342 (1) the defendant is indigent or does not have
4443 sufficient resources or income to pay all or part of the fine or
4544 costs or was, at the time the offense was committed, a child as
4645 defined by Article 45.058(h); and
47- (2) each alternative method of discharging the fine
48- or cost under Article 43.09 or 42.15 would impose an undue
49- hardship on the defendant.
50- Explanation: This change is necessary to remove
51- unnecessary and duplicative language.
46+ (2) each alternative method of discharging the fine or
47+ cost under Article 43.09 or 42.15 would impose an undue hardship on
48+ the defendant.
49+ Explanation: This change is necessary to remove unnecessary
50+ and duplicative language.
5251 (3) Senate Rules 12.03(1) and (2) are suspended to permit
53- the committee to amend and omit text not in disagreement in
54- SECTION 8 of the bill, in added Article 45.014(e), Code of
55- Criminal Procedure, to read as follows:
52+ the committee to amend and omit text not in disagreement in SECTION
53+ 8 of the bill, in added Article 45.014(e), Code of Criminal
54+ Procedure, to read as follows:
5655 (e) A justice or judge may not issue an arrest warrant for
5756 the defendant's failure to appear at the initial court setting,
58- including failure to appear as required by a citation issued
59- under Article 14.06(b), unless:
57+ including failure to appear as required by a citation issued under
58+ Article 14.06(b), unless:
6059 (1) the justice or judge provides by telephone or
6160 regular mail to the defendant notice that includes:
62- (A) a date and time, occurring within the
63- 30-day period following the date that notice is provided, when
64- the defendant must appear before the justice or judge;
61+ (A) a date and time, occurring within the 30-day
62+ period following the date that notice is provided, when the
63+ defendant must appear before the justice or judge;
6564 (B) the name and address of the court with
6665 jurisdiction in the case;
6766 (C) information regarding alternatives to the
6867 full payment of any fine or costs owed by the defendant, if the
6968 defendant is unable to pay that amount; and
7069 (D) an explanation of the consequences if the
71- defendant fails to appear before the justice or judge as required
72- by this article; and
70+ defendant fails to appear before the justice or judge as required by
71+ this article; and
7372 (2) the defendant fails to appear before the justice
7473 or judge as required by this article.
75- Explanation: This change is necessary to clarify and
76- simplify the limitation on a justice or judge's authority to
77- issue an arrest warrant for a defendant's failure to appear.
74+ Explanation: This change is necessary to clarify and simplify
75+ the limitation on a justice or judge's authority to issue an arrest
76+ warrant for a defendant's failure to appear.
7877 (4) Senate Rule 12.03(1) is suspended to permit the
7978 committee to amend text not in disagreement in SECTION 9 of the
8079 bill, in added Article 45.016(b), Code of Criminal Procedure, to
8180 read as follows:
8281 (b) The justice or judge may not, either instead of or in
8382 addition to the personal bond, require a defendant to give a bail
8483 bond unless:
8584 (1) the defendant fails to appear in accordance with
8685 this code with respect to the applicable offense; and
8786 (2) the justice or judge determines that:
8887 (A) the defendant has sufficient resources or
8988 income to give a bail bond; and
9089 (B) a bail bond is necessary to secure the
9190 defendant's appearance in accordance with this code.
9291 Explanation: This change is necessary to clarify the
93- circumstances in which a justice or judge may require a defendant
94- to give a bail bond in a criminal case based on an offense
95- punishable by fine only.
92+ circumstances in which a justice or judge may require a defendant to
93+ give a bail bond in a criminal case based on an offense punishable
94+ by fine only.
9695 (5) Senate Rules 12.03(1) and (2) are suspended to permit
97- the committee to amend and omit text not in disagreement in
98- SECTION 12 of the bill, in added Articles 45.045(a-2) and (a-3),
99- Code of Criminal Procedure, to read as follows:
96+ the committee to amend and omit text not in disagreement in SECTION
97+ 12 of the bill, in added Articles 45.045(a-2) and (a-3), Code of
98+ Criminal Procedure, to read as follows:
10099 (a-2) The court may not issue a capias pro fine for the
101- defendant's failure to satisfy the judgment according to its
102- terms unless the court holds a hearing on the defendant's ability
103- to satisfy the judgment and:
100+ defendant's failure to satisfy the judgment according to its terms
101+ unless the court holds a hearing on the defendant's ability to
102+ satisfy the judgment and:
104103 (1) the defendant fails to appear at the hearing; or
105104 (2) based on evidence presented at the hearing, the
106105 court determines that the capias pro fine should be issued.
107106 (a-3) The court shall recall a capias pro fine if, before
108107 the capias pro fine is executed:
109- (1) the defendant voluntarily appears to resolve
110- the amount owed; and
108+ (1) the defendant voluntarily appears to resolve the
109+ amount owed; and
111110 (2) the amount owed is resolved in any manner
112111 authorized by this chapter.
113112 Explanation: This change is necessary to clarify the
114113 circumstances in which a court may issue or shall recall a capias
115114 pro fine.
116115 (6) Senate Rule 12.03(2) is suspended to permit the
117116 committee to omit text not in disagreement in SECTION 16 of the
118- bill, in amended Article 45.0491(a), Code of Criminal Procedure,
119- to read as follows:
120- (a) A municipal court, regardless of whether the court is
121- a court of record, or a justice court may waive payment of all or
122- part of a fine or costs imposed on a defendant [who defaults in
123- payment] if the court determines that:
117+ bill, in amended Article 45.0491(a), Code of Criminal Procedure, to
118+ read as follows:
119+ (a) A municipal court, regardless of whether the court is a
120+ court of record, or a justice court may waive payment of all or part
121+ of a fine or costs imposed on a defendant [who defaults in payment]
122+ if the court determines that:
124123 (1) the defendant is indigent or does not have
125124 sufficient resources or income to pay all or part of the fine or
126125 costs or was, at the time the offense was committed, a child as
127126 defined by Article 45.058(h); and
128- (2) discharging the fine or [and] costs under
129- Article 45.049 or as otherwise authorized by this chapter would
130- impose an undue hardship on the defendant.
131- Explanation: This change is necessary to remove
132- unnecessary and duplicative language.
127+ (2) discharging the fine or [and] costs under Article
128+ 45.049 or as otherwise authorized by this chapter would impose an
129+ undue hardship on the defendant.
130+ Explanation: This change is necessary to remove unnecessary
131+ and duplicative language.
133132 (7) Senate Rule 12.03(3) is suspended to permit the
134133 committee to add text on a matter which is not in disagreement by
135- adding SECTIONS 20 and 21 to the bill, amending Articles
136- 45.051(a) and 45.0511(t), Code of Criminal Procedure, to read as
137- follows:
138- SECTION 20. Article 45.051(a), Code of Criminal
139- Procedure, is amended to read as follows:
140- (a) On a plea of guilty or nolo contendere by a defendant
141- or on a finding of guilt in a misdemeanor case punishable by fine
142- only and payment of all court costs, the judge may defer further
143- proceedings without entering an adjudication of guilt and place
144- the defendant on probation for a period not to exceed 180 days.
145- In issuing the order of deferral, the judge may impose a special
134+ adding SECTIONS 20 and 21 to the bill, amending Articles 45.051(a)
135+ and 45.0511(t), Code of Criminal Procedure, to read as follows:
136+ SECTION 20. Article 45.051(a), Code of Criminal Procedure,
137+ is amended to read as follows:
138+ (a) On a plea of guilty or nolo contendere by a defendant or
139+ on a finding of guilt in a misdemeanor case punishable by fine only
140+ and payment of all court costs, the judge may defer further
141+ proceedings without entering an adjudication of guilt and place the
142+ defendant on probation for a period not to exceed 180 days. In
143+ issuing the order of deferral, the judge may impose a special
146144 expense fee on the defendant in an amount not to exceed the amount
147- of the fine that could be imposed on the defendant as punishment
148- for the offense. The special expense fee may be collected at any
149- time before the date on which the period of probation ends. The
150- judge may elect not to impose the special expense fee for good
151- cause shown by the defendant. If the judge orders the collection
152- of a special expense fee, the judge shall require that the amount
153- of the special expense fee be credited toward the payment of the
154- amount of the fine imposed by the judge. An order of deferral
155- under this subsection terminates any liability under a [bail bond
156- or an appearance] bond given for the charge.
157- SECTION 21. Article 45.0511(t), Code of Criminal
158- Procedure, is amended to read as follows:
159- (t) An order of deferral under Subsection (c) terminates
160- any liability under a [bail bond or appearance] bond given for
161- the charge.
145+ of the fine that could be imposed on the defendant as punishment for
146+ the offense. The special expense fee may be collected at any time
147+ before the date on which the period of probation ends. The judge
148+ may elect not to impose the special expense fee for good cause shown
149+ by the defendant. If the judge orders the collection of a special
150+ expense fee, the judge shall require that the amount of the special
151+ expense fee be credited toward the payment of the amount of the fine
152+ imposed by the judge. An order of deferral under this subsection
153+ terminates any liability under a [bail bond or an appearance] bond
154+ given for the charge.
155+ SECTION 21. Article 45.0511(t), Code of Criminal Procedure,
156+ is amended to read as follows:
157+ (t) An order of deferral under Subsection (c) terminates any
158+ liability under a [bail bond or appearance] bond given for the
159+ charge.
162160 Explanation: The addition of text is a technical change
163161 necessary to conform to the changes made in SECTION 9 of the bill,
164162 in added Article 45.016(b), Code of Criminal Procedure.
165163 (8) Senate Rule 12.03(1) is suspended to permit the
166164 committee to amend text not in disagreement in SECTION 31 of the
167165 bill, in the transition language, to read as follows:
168- SECTION 31. The changes in law made by this Act to
169- Articles 45.016, 45.051, and 45.0511, Code of Criminal
170- Procedure, apply only to a bond executed on or after the
171- effective date of this Act. A bond executed before the effective
172- date of this Act is governed by the law in effect when the bond
173- was executed, and the former law is continued in effect for that
174- purpose.
175- Explanation: This change is necessary to properly
176- implement the addition of SECTIONS 20 and 21 to the bill.
177- _______________________________
178- President of the Senate
179- I hereby certify that the
180- above Resolution was adopted by
181- the Senate on May 28, 2017, by the
182- following vote: Yeas 26, Nays 5.
183- _______________________________
184- Secretary of the Senate
166+ SECTION 31. The changes in law made by this Act to Articles
167+ 45.016, 45.051, and 45.0511, Code of Criminal Procedure, apply only
168+ to a bond executed on or after the effective date of this Act. A
169+ bond executed before the effective date of this Act is governed by
170+ the law in effect when the bond was executed, and the former law is
171+ continued in effect for that purpose.
172+ Explanation: This change is necessary to properly implement
173+ the addition of SECTIONS 20 and 21 to the bill.