86R4532 AJZ-F
By: White H.B. No. 2754
A BILL TO BE ENTITLED
AN ACT
relating to the issuance of a citation or notice to appear for
certain misdemeanors punishable by fine only and the court's
authority to order a defendant confined in jail for failure to pay a
fine or cost, for failure to appear, or for contempt.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 14.06, Code of Criminal Procedure, is
amended by amending Subsection (b) and adding Subsections (b-1) and
(b-2) to read as follows:
(b) A peace officer who is charging a person, including a
child, with committing an offense that is a [Class C] misdemeanor
punishable by fine only, other than an offense under Section
22.01(a)(2) or (3) or Section 49.02, Penal Code, or an offense under
Chapter 106, Alcoholic Beverage Code, shall [may], instead of
taking the person before a magistrate, issue a citation to the
person that contains:
(1) written notice of the time and place the person
must appear before a magistrate;
(2) the name and address of the person charged;
(3) the offense charged;
(4) information regarding the alternatives to the full
payment of any fine or costs assessed against the person, if the
person is convicted of the offense and is unable to pay that amount;
and
(5) the following admonishment, in boldfaced or
underlined type or in capital letters:
"If you are convicted of a misdemeanor offense involving
violence where you are or were a spouse, intimate partner, parent,
or guardian of the victim or are or were involved in another,
similar relationship with the victim, it may be unlawful for you to
possess or purchase a firearm, including a handgun or long gun, or
ammunition, pursuant to federal law under 18 U.S.C. Section
922(g)(9) or Section 46.04(b), Texas Penal Code. If you have any
questions whether these laws make it illegal for you to possess or
purchase a firearm, you should consult an attorney."
(b-1) Notwithstanding Subsection (b), a peace officer is
not required to issue a citation to a person as described by that
subsection if the person refuses to sign the citation or requests to
be taken immediately before a magistrate.
(b-2) A peace officer who is charging a person, including a
child, with committing an offense that is a misdemeanor punishable
by fine only under Section 22.01(a)(2) or (3), Penal Code, or
Chapter 106, Alcoholic Beverage Code, may, instead of taking the
person before a magistrate, issue to the person a citation that
contains written notice of the time and place the person must appear
before a magistrate, the name and address of the person charged, and
the offense charged.
SECTION 2. Article 45.014, Code of Criminal Procedure, is
amended by amending Subsection (e), as added by Chapter 1127 (S.B.
1913), Acts of the 85th Legislature, Regular Session, 2017, and
adding Subsection (e-1) 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 for a
misdemeanor punishable by fine only other than an offense under
Section 22.01(a)(2) or (3), Penal Code.
(e-1) A justice or judge may not issue an arrest warrant for
the defendant's failure to appear at the initial court setting for
an offense under Section 22.01(a)(2) or (3), Penal Code [,
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.
SECTION 3. Article 45.045, Code of Criminal Procedure, is
amended by adding Subsection (b-1) to read as follows:
(b-1) Notwithstanding Subsection (a), the court may not
issue a capias pro fine for:
(1) the defendant's failure to satisfy the judgment
according to its terms with respect to any misdemeanor punishable
by fine only other than an offense under Section 22.01(a)(2) or (3),
Penal Code; or
(2) contempt of a judgment entered for a misdemeanor
punishable by fine only other than an offense under Section
22.01(a)(2) or (3), Penal Code.
SECTION 4. Article 45.046(a), Code of Criminal Procedure,
is amended to read as follows:
(a) When a judgment and sentence have been entered against a
defendant for an offense under Section 22.01(a)(2) or (3), Penal
Code, and the defendant defaults in the discharge of the judgment,
the judge may order the defendant confined in jail until discharged
by law if the judge at a hearing makes a written determination that:
(1) the defendant is not indigent and has failed to
make a good faith effort to discharge the fine or costs; or
(2) the defendant is indigent and:
(A) has failed to make a good faith effort to
discharge the fine or costs under Article 45.049; and
(B) could have discharged the fine or costs under
Article 45.049 without experiencing any undue hardship.
SECTION 5. Subchapter B, Chapter 45, Code of Criminal
Procedure, is amended by adding Article 45.0465 to read as follows:
Art. 45.0465. CONFINEMENT FOR FAILURE TO SATISFY JUDGMENT
OR FOR CONTEMPT PROHIBITED. A justice or municipal court may not
order the confinement of a person for:
(1) the failure to pay all or any part of a fine or
costs imposed for the conviction of a misdemeanor punishable by
fine only other than an offense under Section 22.01(a)(2) or (3),
Penal Code; or
(2) contempt of a judgment entered for the conviction
of a misdemeanor punishable by fine only other than an offense under
Section 22.01(a)(2) or (3), Penal Code.
SECTION 6. Article 45.048(a), Code of Criminal Procedure,
is amended to read as follows:
(a) A defendant confined [placed] in jail [on account of
failure to pay the fine and costs] shall be discharged on habeas
corpus by showing that the defendant was confined in jail:
(1) in violation of Article 45.014, 45.045, 45.0465,
or 45.050(b) [is too poor to pay the fine and costs]; [or]
(2) for failure to pay the fine or costs imposed by a
judgment entered for the conviction of a misdemeanor punishable by
fine only other than an offense under Section 22.01(a)(2) or (3),
Penal Code; or
(3) for contempt of a judgment described by
Subdivision (2) or, if the defendant is a child, contempt of an
order of a justice or municipal court [has remained in jail a
sufficient length of time to satisfy the fine and costs, at the rate
of not less than $100 for each period served, as specified by the
convicting court in the judgment in the case].
SECTION 7. Section 21.002(c), Government Code, is amended
to read as follows:
(c) Subject to Articles 45.045(b-1), 45.0465, and
45.050(b), Code of Criminal Procedure, the [The] punishment for
contempt of a justice court or municipal court is a fine of not more
than $100 or confinement in the county or municipal [city] jail for
not more than three days, or both such a fine and confinement in
jail.
SECTION 8. Section 543.004(a), Transportation Code, is
amended to read as follows:
(a) An officer shall issue a written notice to appear if:
(1) the offense charged is a misdemeanor under this
subtitle that is punishable by fine only[:
[(A) speeding;
[(B) the use of a wireless communication device
under Section 545.4251; or
[(C) a violation of the open container law,
Section 49.031, Penal Code]; and
(2) the person makes a written promise to appear in
court as provided by Section 543.005.
SECTION 9. Subchapter A, Chapter 543, Transportation Code,
is amended by adding Section 543.0045 to read as follows:
Sec. 543.0045. NOTIFICATION REQUIRED DURING TRAFFIC STOP.
(a) An officer who stops a motor vehicle as a result of a person's
alleged commission of a misdemeanor under this subtitle that is
punishable by fine only shall promptly notify the person that:
(1) the alleged offense is a misdemeanor under this
subtitle that is punishable by fine only; and
(2) the officer may not arrest a person solely on the
basis of that offense.
(b) The Texas Commission on Law Enforcement by rule shall
specify the language that is required to be included in the
notification described by Subsection (a).
SECTION 10. Article 45.014(e), Code of Criminal Procedure,
as added by Chapter 977 (H.B. 351), Acts of the 85th Legislature,
Regular Session, 2017, is repealed.
SECTION 11. (a) Except as provided by Subsection (b) of
this section, Articles 45.045(b-1) and 45.0465, Code of Criminal
Procedure, as added by this Act, and Article 45.046(a), Code of
Criminal Procedure, as amended by this Act, apply only to a judgment
that has not been discharged before the effective date of this Act
and a judgment entered on or after the effective date of this Act.
(b) Not later than September 2, 2019, a county or municipal
jail shall release each person who, on the effective date of this
Act, is confined in the county or municipal jail for:
(1) the failure to pay all or any part of a fine or
costs imposed for the conviction of an offense punishable by fine
only other than an offense under Section 22.01(a)(2) or (3), Penal
Code, including confinement ordered under Article 45.046, Code of
Criminal Procedure, as that article existed before the effective
date of this Act;
(2) a failure to appear at the initial court setting
for a misdemeanor punishable by fine only other than an offense
under Section 22.01(a)(2) or (3), Penal Code; or
(3) contempt of a judgment entered for the conviction
of an offense punishable by fine only other than an offense under
Section 22.01(a)(2) or (3), Penal Code.
SECTION 12. Articles 14.06 and 45.014, Code of Criminal
Procedure, as amended by this Act, and Section 543.004(a),
Transportation Code, as amended by this Act, and Section 543.0045,
Transportation Code, as added by this Act, apply only to an offense
committed on or after the effective date of this Act. An offense
committed before the effective date of this Act is governed by the
law in effect on the date the offense was committed, and the former
law is continued in effect for that purpose. For purposes of this
section, an offense was committed before the effective date of this
Act if any element of the offense occurred before that date.
SECTION 13. The Texas Commission on Law Enforcement shall
adopt the rules required by Section 543.0045(b), Transportation
Code, as added by this Act, not later than December 1, 2019.
SECTION 14. (a) Except as provided by Subsection (b) of
this section, this Act takes effect September 1, 2019.
(b) Section 543.0045, Transportation Code, as added by this
Act, takes effect January 1, 2020.