Texas 2019 - 86th Regular

Texas Senate Bill SB1637 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Zaffirini, et al. S.B. No. 1637
2		-	(Collier, Thompson of Harris)
	1	+	By: Zaffirini, Hinojosa S.B. No. 1637
3	2
4	3
5	4		A BILL TO BE ENTITLED
6	5		AN ACT
7	6		relating to the administrative, civil, and criminal consequences,
8	7		including fines, fees, and costs, imposed on persons arrested for,
9	8		charged with, or convicted of certain criminal offenses.
10	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	10		SECTION 1. Chapter 1, Code of Criminal Procedure, is
12	11		amended by adding Article 1.053 to read as follows:
13	12		Art. 1.053. PRESENT ABILITY TO PAY. Except as otherwise
14	13		specifically provided, in determining a defendant's ability to pay
15	14		for any purpose, the court shall consider only the defendant's
16	15		present ability to pay.
17	16		SECTION 2. Article 43.015, Code of Criminal Procedure, is
18	17		amended by adding Subdivision (3) to read as follows:
19	18		(3) "Cost" includes any fee imposed on a defendant by
20	19		the court at the time a judgment is entered.
21	20		SECTION 3. Chapter 43, Code of Criminal Procedure, is
22	21		amended by adding Article 43.035 to read as follows:
23	22		Art. 43.035. RECONSIDERATION OF FINE OR COSTS. (a) If a
24	23		defendant notifies the court that the defendant has difficulty
25	24		paying the fine and costs in compliance with the judgment, the court
26	25		shall hold a hearing to determine whether that portion of the
27	26		judgment imposes an undue hardship on the defendant.
28	27		(b) For purposes of Subsection (a), a defendant may notify
29	28		the court by:
30	29		(1) voluntarily appearing and informing the court or
31	30		the clerk of the court in the manner established by the court for
32	31		that purpose;
33	32		(2) filing a motion with the court;
34	33		(3) mailing a letter to the court; or
35	34		(4) any other method established by the court for that
36	35		purpose.
37	36		(c) If the court determines at the hearing under Subsection
38	37		(a) that the portion of the judgment regarding the fine and costs
39	38		imposes an undue hardship on the defendant, the court shall
40	39		consider whether the fine and costs should be satisfied through one
41	40		or more methods listed under Article 42.15(a-1).
42	41		(d) The court may decline to hold a hearing under Subsection
43	42		(a) if the court:
44	43		(1) previously held a hearing under that subsection
45	44		with respect to the case and is able to determine without
46	45		holding a hearing that the portion of the judgment regarding the
47	46		fine and costs does not impose an undue hardship on the
48	47		defendant; or
49	48		(2) is able to determine without holding a hearing
50	49		that:
51	50		(A) the applicable portion of the judgment
52	51		imposes an undue hardship on the defendant; and
53	52		(B) the fine and costs should be satisfied
54	53		through one or more methods listed under Article 42.15(a-1).
55	54		(e) The court retains jurisdiction for the purpose of making
56	55		a determination under this article.
57	56		SECTION 4. The heading to Article 43.05, Code of Criminal
58	57		Procedure, is amended to read as follows:
59	58		Art. 43.05. ISSUANCE AND RECALL OF CAPIAS PRO FINE [SHALL
60	59		RECITE].
61	60		SECTION 5. Article 43.05(a-1), Code of Criminal Procedure,
62	61		as added by Chapter 1127 (S.B. 1913), Acts of the 85th Legislature,
63	62		Regular Session, 2017, is amended to read as follows:
64	63		(a-1) A court may not issue a capias pro fine for the
65	64		defendant's failure to satisfy the judgment according to its terms
66	65		unless the court holds a hearing to determine whether the judgment
67	66		imposes an undue hardship on the defendant [on the defendant's
68	67		ability to satisfy the judgment] and the defendant fails to:
69	68		(1) [the defendant fails to] appear at the hearing; or
70	69		(2) comply with an order issued under Subsection (a-3)
71	70		as a result of the hearing [based on evidence presented at the
72	71		hearing, the court determines that the capias pro fine should be
73	72		issued].
74	73		SECTION 6. Article 43.05, Code of Criminal Procedure, is
75	74		amended by amending Subsection (a-2) and adding Subsections (a-3)
76	75		and (a-4) to read as follows:
77	76		(a-2) If the court determines at the hearing under
78	77		Subsection (a-1) that the judgment imposes an undue hardship on the
79	78		defendant, the court shall determine whether the fine and costs
80	79		should be satisfied through one or more methods listed under
81	80		Article 42.15(a-1). The court retains jurisdiction for the purpose
82	81		of making a determination under this subsection.
83	82		(a-3) If the court determines at the hearing under
84	83		Subsection (a-1) that the judgment does not impose an undue
85	84		hardship on the defendant, the court shall order the defendant to
86	85		comply with the judgment not later than the 30th day after the date
87	86		the determination is made.
88	87		(a-4) The court shall recall a capias pro fine if, before
89	88		the capias pro fine is executed, the defendant:
90	89		(1) provides notice to the court under Article 43.035
91	90		and a hearing is set under that article; or
92	91		(2) [the defendant] voluntarily appears and makes a
93	92		good faith effort to resolve the capias pro fine [amount owed; and
94	93		[(2) the amount owed is resolved in any manner
95	94		authorized by this code].
96	95		SECTION 7. Article 43.09(f), Code of Criminal Procedure, is
97	96		amended to read as follows:
98	97		(f) A court may require a defendant who is unable to pay a
99	98		fine or costs to discharge all or part of the fine or costs by
100	99		performing community service. The court may allow a defendant to
101	100		perform the required community service in the county in which the
102	101		defendant resides.
103	102		SECTION 8. Article 43.091, Code of Criminal Procedure, is
104	103		amended to read as follows:
105	104		Art. 43.091. WAIVER OF PAYMENT OF FINES AND COSTS FOR
106	105		CERTAIN DEFENDANTS AND FOR CHILDREN. (a) A court may waive
107	106		payment of all or part of a fine [or costs] imposed on a defendant if
108	107		the court determines that:
109	108		(1) the defendant is indigent or does not have
110	109		sufficient resources or income to pay all or part of the fine [or
111	110		costs] or was, at the time the offense was committed, a child as
112	111		defined by Article 45.058(h); and
113	112		(2) each alternative method of discharging the fine
114	113		[or cost] under Article 43.09 or 42.15 would impose an undue
115	114		hardship on the defendant.
116	115		(b) A determination of undue hardship made under Subsection
117	116		(a)(2) is in the court's discretion. In making that determination,
118	117		the court may consider, as applicable, the defendant's:
119	118		(1) significant physical or mental impairment or
120	119		disability;
121	120		(2) pregnancy and childbirth;
122	121		(3) substantial family commitments or
123	122		responsibilities, including child or dependent care;
124	123		(4) work responsibilities and hours;
125	124		(5) transportation limitations;
126	125		(6) homelessness or housing insecurity; and
127	126		(7) any other factor the court determines relevant.
128	127		(c) A court may waive payment of all or part of the costs
129	128		imposed on a defendant if the court determines that the defendant:
130	129		(1) is indigent or does not have sufficient resources
131	130		or income to pay all or part of the costs; or
132	131		(2) was, at the time the offense was committed, a child
133	132		as defined by Article 45.058(h).
134	133		(d) This subsection applies only to a defendant placed on
135	134		community supervision, including deferred adjudication community
136	135		supervision, whose fine or costs are wholly or partly waived under
137	136		this article. At any time during the defendant's period of
138	137		community supervision, the court, on the court's own motion or by
139	138		motion of the attorney representing the state, may reconsider the
140	139		waiver of the fine or costs. After providing written notice to the
141	140		defendant and an opportunity for the defendant to present
142	141		information relevant to the defendant's ability to pay, the court
143	142		may order the defendant to pay all or part of the waived amount of
144	143		the fine or costs only if the court determines that the defendant
145	144		has sufficient resources or income to pay that amount.
146	145		SECTION 9. Subchapter A, Chapter 45, Code of Criminal
147	146		Procedure, is amended by adding Article 45.004 to read as follows:
148	147		Art. 45.004. GENERAL DEFINITION. In this chapter, "cost"
149	148		includes any fee imposed on a defendant by the justice or judge at
150	149		the time a judgment is entered.
151	150		SECTION 10. Subchapter B, Chapter 45, Code of Criminal
152	151		Procedure, is amended by adding Articles 45.0201 and 45.0445 to
153	152		read as follows:
154	153		Art. 45.0201. APPEARANCE BY TELEPHONE OR VIDEOCONFERENCE.
155	154		If the justice or judge determines that requiring a defendant to
156	155		appear before the justice or judge in person for a hearing under
157	156		Article 45.0445 or 45.045 would impose an undue hardship on the
158	157		defendant, the justice or judge may allow the defendant to appear by
159	158		telephone or videoconference.
160	159		Art. 45.0445. RECONSIDERATION OF FINE OR COSTS. (a) If
161	160		the defendant notifies the justice or judge that the defendant has
162	161		difficulty paying the fine and costs in compliance with the
163	162		judgment, the justice or judge shall hold a hearing to determine
164	163		whether the judgment imposes an undue hardship on the defendant.
165	164		(b) For purposes of Subsection (a), a defendant may notify
166	165		the justice or judge by:
167	166		(1) voluntarily appearing and informing the justice or
168	167		judge or the clerk of the court in the manner established by the
169	168		justice or judge for that purpose;
170	169		(2) filing a motion with the justice or judge;
171	170		(3) mailing a letter to the justice or judge; or
172	171		(4) any other method established by the justice or
173	172		judge for that purpose.
174	173		(c) If the justice or judge determines at the hearing under
175	174		Subsection (a) that the judgment imposes an undue hardship on the
176	175		defendant, the justice or judge shall consider whether to allow the
177	176		defendant to satisfy the fine and costs through one or more methods
178	177		listed under Article 45.041(a-1).
179	178		(d) The justice or judge may decline to hold a hearing under
180	179		Subsection (a) if the justice or judge:
181	180		(1) previously held a hearing under that subsection
182	181		with respect to the case and is able to determine without holding a
183	182		hearing that the judgment does not impose an undue hardship on the
184	183		defendant; or
185	184		(2) is able to determine without holding a hearing
186	185		that:
187	186		(A) the judgment imposes an undue hardship on the
188	187		defendant; and
189	188		(B) the fine and costs should be satisfied
190	189		through one or more methods listed under Article 45.041(a-1).
191	190		(e) The justice or judge retains jurisdiction for the
192	191		purpose of making a determination under this article.
193	192		SECTION 11. Article 45.045(a-2), Code of Criminal
194	193		Procedure, as added by Chapter 1127 (S.B. 1913), Acts of the 85th
195	194		Legislature, Regular Session, 2017, is amended to read as follows:
196	195		(a-2) The court may not issue a capias pro fine for the
197	196		defendant's failure to satisfy the judgment according to its terms
198	197		unless the court holds a hearing to determine whether the judgment
199	198		imposes an undue hardship on the defendant [on the defendant's
200	199		ability to satisfy the judgment] and the defendant fails to:
201	200		(1) [the defendant fails to] appear at the hearing; or
202	201		(2) comply with an order issued under Subsection (a-4)
203	202		as a result of the hearing [based on evidence presented at the
204	203		hearing, the court determines that the capias pro fine should be
205	204		issued].
206	205		SECTION 12. Article 45.045, Code of Criminal Procedure, is
207	206		amended by amending Subsection (a-3) and adding Subsections (a-4)
208	207		and (a-5) to read as follows:
209	208		(a-3) If the justice or judge determines at the hearing
210	209		under Subsection (a-2) that the judgment imposes an undue hardship
211	210		on the defendant, the justice or judge shall determine whether the
212	211		fine and costs should be satisfied through one or more methods
213	212		listed under Article 45.041(a-1). The justice or judge retains
214	213		jurisdiction for the purpose of making a determination under this
215	214		subsection.
216	215		(a-4) If the justice or judge determines at the hearing
217	216		under Subsection (a-2) that the judgment does not impose an undue
218	217		hardship on the defendant, the justice or judge shall order the
219	218		defendant to comply with the judgment not later than the 30th day
220	219		after the date the determination is made.
221	220		(a-5) The court shall recall a capias pro fine if, before
222	221		the capias pro fine is executed, the defendant:
223	222		(1) provides notice to the justice or judge under
224	223		Article 45.0445 and a hearing is set under that article; or
225	224		(2) [the defendant] voluntarily appears and makes a
226	225		good faith effort to resolve the capias pro fine [amount owed; and
227	226		[(2) the amount owed is resolved in any manner
228	227		authorized by this chapter].
229	228		SECTION 13. Article 45.049, Code of Criminal Procedure, is
230	229		amended by adding Subsection (a-1) to read as follows:
231	230		(a-1) A justice or judge may allow a defendant to perform in
232	231		the county in which the defendant resides any community service
233	232		required under this article.
234	233		SECTION 14. Article 45.0491, Code of Criminal Procedure, is
235	234		amended to read as follows:
236	235		Art. 45.0491. WAIVER OF PAYMENT OF FINES AND COSTS FOR
237	236		CERTAIN DEFENDANTS AND FOR CHILDREN. (a) A municipal court,
238	237		regardless of whether the court is a court of record, or a justice
239	238		court may waive payment of all or part of a fine [or costs] imposed
240	239		on a defendant if the court determines that:
241	240		(1) the defendant is indigent or does not have
242	241		sufficient resources or income to pay all or part of the fine [or
243	242		costs] or was, at the time the offense was committed, a child as
244	243		defined by Article 45.058(h); and
245	244		(2) discharging the fine [or costs] under Article
246	245		45.049 or as otherwise authorized by this chapter would impose an
247	246		undue hardship on the defendant.
248	247		(b) A defendant is presumed to be indigent or to not have
249	248		sufficient resources or income to pay all or part of the fine or
250	249		costs for purposes of Subsection (a) or (d) if the defendant:
251	250		(1) is in the conservatorship of the Department of
252	251		Family and Protective Services, or was in the conservatorship of
253	252		that department at the time of the offense; or
254	253		(2) is designated as a homeless child or youth or an
255	254		unaccompanied youth, as those terms are defined by 42 U.S.C.
256	255		Section 11434a, or was so designated at the time of the offense.
257	256		(c) A determination of undue hardship made under Subsection
258	257		(a)(2) is in the court's discretion. In making that determination,
259	258		the court may consider, as applicable, the defendant's:
260	259		(1) significant physical or mental impairment or
261	260		disability;
262	261		(2) pregnancy and childbirth;
263	262		(3) substantial family commitments or
264	263		responsibilities, including child or dependent care;
265	264		(4) work responsibilities and hours;
266	265		(5) transportation limitations;
267	266		(6) homelessness or housing insecurity; and
268	267		(7) any other factors the court determines relevant.
269	268		(d) A municipal court, regardless of whether the court is a
270	269		court of record, or a justice court may waive payment of all or part
271	270		of the costs imposed on a defendant if the court determines that the
272	271		defendant:
273	272		(1) is indigent or does not have sufficient resources
274	273		or income to pay all or part of the costs; or
275	274		(2) was, at the time the offense was committed, a child
276	275		as defined by Article 45.058(h).
277	276		SECTION 15. Article 45.051(a-1), Code of Criminal
278	277		Procedure, as amended by Chapters 227 (H.B. 350) and 777 (H.B.
279	278		1964), Acts of the 82nd Legislature, Regular Session, 2011, is
280	279		reenacted and amended to read as follows:
281	280		(a-1) Notwithstanding any other provision of law, as an
282	281		alternative to requiring a defendant charged with one or more
283	282		offenses to make payment of all court costs as required by
284	283		Subsection (a), the judge may:
285	284		(1) allow the defendant to enter into an agreement for
286	285		payment of those costs in installments during the defendant's
287	286		period of probation;
288	287		(2) require an eligible defendant to discharge all or
289	288		part of those costs by performing community service or attending a
290	289		tutoring program under Article 45.049 or 45.0492; [or]
291	290		(3) waive all or part of the court costs under Article
292	291		45.0491(d); or
293	292		(4) take any combination of actions authorized by
294	293		Subdivision (1), [or] (2), or (3).
295	294		SECTION 16. Section 702.003, Transportation Code, is
296	295		amended by adding Subsections (b-1), (g), and (h) and amending
297	296		Subsections (c) and (e-1) to read as follows:
298	297		(b-1) Information that is provided to make a determination
299	298		under Subsection (a) and that concerns an outstanding warrant from
300	299		the municipality for failure to pay a fine expires on the second
301	300		anniversary of the date the information was provided and may not be
302	301		used to refuse registration after that date. Once information
303	302		about an outstanding warrant for failure to pay a fine is provided
304	303		under Subsection (b), subsequent information about other warrants
305	304		for failure to pay a fine that are issued before the second
306	305		anniversary of the date the initial information was provided may
307	306		not be used, either before or after the second anniversary of that
308	307		date, to refuse registration under this section unless the motor
309	308		vehicle is no longer subject to refusal of registration because of
310	309		notice received under Subsection (c).
311	310		(c) A municipality that has a contract under Subsection (b)
312	311		shall notify the county assessor-collector or the department
313	312		regarding a person for whom the county assessor-collector or the
314	313		department has refused to register a motor vehicle on:
315	314		(1) entry of a judgment against the person and the
316	315		person's payment to the court or other means of discharge,
317	316		including a waiver, of the fine for the violation and of all court
318	317		costs;
319	318		(2) perfection of an appeal of the case for which the
320	319		arrest warrant was issued; or
321	320		(3) dismissal of the charge for which the arrest
322	321		warrant was issued.
323	322		(e-1) Except as otherwise provided by this section, a [A]
324	323		municipality that has a contract under Subsection (b) may impose an
325	324		additional $20 fee to a person who has an outstanding warrant from
326	325		the municipality for failure to appear or failure to pay a fine on a
327	326		complaint that involves the violation of a traffic law. The
328	327		additional fee may be used only to reimburse the department or the
329	328		county assessor-collector for its expenses for providing services
330	329		under the contract, or another county department for expenses
331	330		related to services under the contract.
332	331		(g) A municipal court judge or justice of the peace who has
333	332		jurisdiction over the underlying offense may waive an additional
334	333		fee imposed under Subsection (e-1) if the judge or justice makes a
335	334		finding that the defendant is economically unable to pay the fee or
336	335		that good cause exists for the waiver.
337	336		(h) If a municipality is notified that the court having
338	337		jurisdiction over the underlying offense has waived the fine that
339	338		is the subject of the warrant due to the defendant's indigency, the
340	339		municipality may not impose an additional fee on the defendant
341	340		under Subsection (e-1).
342	341		SECTION 17. The following provisions of the Code of
343	342		Criminal Procedure are repealed:
344	343		(1) Article 42.15(a-1), as added by Chapter 977 (H.B.
345	344		351), Acts of the 85th Legislature, Regular Session, 2017;
346	345		(2) Article 43.05(a-1), as added by Chapter 977 (H.B.
347	346		351), Acts of the 85th Legislature, Regular Session, 2017;
348	347		(3) Article 45.041(a-1), as added by Chapter 977 (H.B.
349	348		351), Acts of the 85th Legislature, Regular Session, 2017; and
350	349		(4) Article 45.045(a-2), as added by Chapter 977 (H.B.
351	350		351), Acts of the 85th Legislature, Regular Session, 2017.
352	351		SECTION 18. Notwithstanding Section 32, Chapter 977 (H.B.
353	352		351), and Section 28, Chapter 1127 (S.B. 1913), Acts of the 85th
354	353		Legislature, Regular Session, 2017, Section 706.006,
355	354		Transportation Code, as amended by those Acts, applies to any fee
356	355		assessed on or after the effective date of this Act, regardless of
357	356		whether the offense, complaint, citation, or other violation giving
358	357		rise to the fee occurred before, on, or after the effective date of
359	358		this Act.
360	359		SECTION 19. Articles 1.053 and 45.0201, Code of Criminal
361	360		Procedure, as added by this Act, apply to a proceeding that
362	361		commences before, on, or after the effective date of this Act.
363	362		SECTION 20. Articles 43.035 and 45.0445, Code of Criminal
364	363		Procedure, as added by this Act, apply to a notification received by
365	364		a court on or after the effective date of this Act, regardless of
366	365		whether the judgment of conviction was entered before, on, or after
367	366		the effective date of this Act.
368	367		SECTION 21. The changes in law made by this Act to Articles
369	368		43.09, 43.091, 45.049, 45.0491, and 45.051, Code of Criminal
370	369		Procedure, apply to a sentencing proceeding that commences before,
371	370		on, or after the effective date of this Act.
372	371		SECTION 22. The change in law made by this Act to Articles
373	372		43.05 and 45.045, Code of Criminal Procedure, applies only to a
374	373		capias pro fine issued on or after the effective date of this Act. A
375	374		capias pro fine issued before the effective date of this Act is
376	375		governed by the law in effect on the date the capias pro fine was
377	376		issued, and the former law is continued in effect for that purpose.
378	377		SECTION 23. The changes in law made by this Act to Section
379	378		702.003, Transportation Code, apply only to an offense committed on
380	379		or after the effective date of this Act. An offense committed
381	380		before the effective date of this Act is governed by the law in
382	381		effect on the date the offense was committed, and the former law is
383	382		continued in effect for that purpose. For purposes of this section,
384	383		an offense was committed before the effective date of this Act if
385	384		any element of the offense occurred before that date.
386	385		SECTION 24. This Act takes effect September 1, 2019.