Texas 2019 - 86th Regular

Texas House Bill HB3589 Compare Versions

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

Old	New	Differences
1	1	86R8553 MAW-D
2	2	By: Sanford H.B. No. 3589
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to credit toward payment of certain fines, costs, fees,
8	8	and surcharges imposed on certain offenders before, during, or
9	9	after a period of confinement for another offense.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Article 45.014(e), Code of Criminal Procedure,
12	12	as added by Chapter 1127 (S.B. 1913), Acts of the 85th Legislature,
13	13	Regular Session, 2017, is amended to read as follows:
14	14	(e) A justice or judge may not issue an arrest warrant for
15	15	the defendant's failure to appear at the initial court setting,
16	16	including failure to appear as required by a citation issued under
17	17	Article 14.06(b), unless:
18	18	(1) the justice or judge provides by telephone or
19	19	regular mail to the defendant notice that includes:
20	20	(A) a date and time, occurring within the 30-day
21	21	period following the date that notice is provided, when the
22	22	defendant must appear before the justice or judge;
23	23	(B) the name and address of the court with
24	24	jurisdiction in the case;
25	25	(C) information regarding alternatives to the
26	26	full payment of any fine or costs owed by the defendant, if the
27	27	defendant is unable to pay that amount;
28	28	(D) a statement that the defendant may be
29	29	entitled to a credit toward any fine or costs owed by the defendant
30	30	if the defendant was confined in jail or prison after the commission
31	31	of the offense for which the notice is given; and
32	32	(E) [(D)] an explanation of the consequences if
33	33	the defendant fails to appear before the justice or judge as
34	34	required by this article; and
35	35	(2) the defendant fails to appear before the justice
36	36	or judge as required by this article.
37	37	SECTION 2. Article 45.041, Code of Criminal Procedure, is
38	38	amended by amending Subsection (c) and adding Subsection (c-1) to
39	39	read as follows:
40	40	(c) The justice or judge shall credit the defendant for time
41	41	served in jail as provided by Article 42.03. The credit under this
42	42	subsection shall be applied to the amount of the fine and costs at
43	43	the rate provided by Article 45.048.
44	44	(c-1) In addition to credit under Subsection (c), in
45	45	imposing a fine and costs in a case involving a misdemeanor
46	46	punishable by a fine only, the justice or judge shall credit the
47	47	defendant for any time the defendant was confined in jail or prison
48	48	while serving a sentence for another offense if that confinement
49	49	occurred after the commission of the misdemeanor. The credit under
50	50	this subsection shall be applied to the amount of the fine and costs
51	51	at the rate of $200 for each day of confinement.
52	52	SECTION 3. Subchapter B, Chapter 45, Code of Criminal
53	53	Procedure, is amended by adding Article 45.0411 to read as follows:
54	54	Art. 45.0411. NOTICE TO DEPARTMENT OF PUBLIC SAFETY. Not
55	55	later than the 15th day after the date a justice or judge imposes a
56	56	sentence in a case in which the defendant is entitled to receive a
57	57	credit toward the payment of the fine and costs under Article
58	58	45.041(c-1), the court shall provide a notice to the Texas
59	59	Department of Public Safety that includes:
60	60	(1) the total amount of credit the defendant was
61	61	eligible to receive under Article 45.041(c-1), regardless of the
62	62	actual amount that was credited toward the fine and costs in the
63	63	case; and
64	64	(2) the dates of confinement for which the defendant
65	65	was eligible to receive the credit.
66	66	SECTION 4. Chapter 706, Transportation Code, is amended by
67	67	adding Section 706.0061 to read as follows:
68	68	Sec. 706.0061. CREDIT TOWARD PAYMENT OF ADMINISTRATIVE FEE.
69	69	The department shall credit the amount stated in the notice
70	70	provided to the department under Article 45.0411, Code of Criminal
71	71	Procedure, toward the person's payment of any administrative fee
72	72	imposed under Section 706.006 before or during the period of
73	73	confinement stated in the notice.
74	74	SECTION 5. Subchapter D, Chapter 708, Transportation Code,
75	75	is amended by adding Section 708.1581 to read as follows:
76	76	Sec. 708.1581. CREDIT TOWARD PAYMENT OF SURCHARGE. The
77	77	department shall credit the amount stated in the notice provided to
78	78	the department under Article 45.0411, Code of Criminal Procedure,
79	79	toward the person's payment of any unpaid surcharges that were
80	80	assessed on the person's license before or during the period of
81	81	confinement stated in the notice.
82	82	SECTION 6. Article 45.014(e), Code of Criminal Procedure,
83	83	as added by Chapter 977 (H.B. 351), Acts of the 85th Legislature,
84	84	Regular Session, 2017, is repealed.
85	85	SECTION 7. Article 45.041(c-1), Code of Criminal Procedure,
86	86	as added by this Act, applies to a defendant who is sentenced for an
87	87	offense on or after the effective date of this Act, regardless of
88	88	whether the offense is committed before, on, or after the effective
89	89	date of this Act.
90	90	SECTION 8. This Act takes effect September 1, 2019.