TX
Texas House Bill HB2441

Texas 2021 - 87th Regular

Texas House Bill HB2441 Compare Versions

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1-87R17559 TSS-F
1+87R2631 TSS-F
22 By: White H.B. No. 2441
3- Substitute the following for H.B. No. 2441:
4- By: Smith C.S.H.B. No. 2441
53
64
75 A BILL TO BE ENTITLED
86 AN ACT
97 relating to the imposition and collection of fines, fees, and court
108 costs in criminal cases.
119 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12- SECTION 1. Article 42.15(a-1), Code of Criminal Procedure,
10+ SECTION 1. Article 43.015(3), Code of Criminal Procedure,
1311 is amended to read as follows:
14- (a-1) Notwithstanding any other provision of this article,
15- during or immediately after imposing a sentence in a case in which
16- the defendant entered a plea in open court as provided by Article
17- 27.13, 27.14(a), or 27.16(a), a court shall inquire on the record
18- whether the defendant has sufficient resources or income to
19- immediately pay all or part of the fine and costs. If the court
20- determines that the defendant does not have sufficient resources or
21- income to immediately pay all or part of the fine and costs, the
22- court shall determine whether the fine and costs should be:
23- (1) subject to Subsection (c), required to be paid at
24- some later date or in a specified portion at designated intervals;
25- (2) discharged by performing community service under,
26- as applicable, Article 43.09(f), Article 45.049, Article 45.0492,
27- as added by Chapter 227 (H.B. 350), Acts of the 82nd Legislature,
28- Regular Session, 2011, or Article 45.0492, as added by Chapter 777
29- (H.B. 1964), Acts of the 82nd Legislature, Regular Session, 2011;
30- (3) waived in full or in part under Article 43.091 or
31- 45.0491; or
32- (4) satisfied through any combination of methods under
33- Subdivisions (1)-(3).
34- SECTION 2. Article 43.015(3), Code of Criminal Procedure,
35- is amended to read as follows:
36- (3) "Cost" includes any fee, including a reimbursement
37- fee, imposed on a defendant by the court [at the time a judgment is
38- entered].
39- SECTION 3. Article 45.004, Code of Criminal Procedure, is
12+ (3) "Cost" includes any fee imposed on a defendant by
13+ the court [at the time a judgment is entered].
14+ SECTION 2. Article 45.004, Code of Criminal Procedure, is
4015 amended to read as follows:
4116 Art. 45.004. GENERAL DEFINITION. Unless the context clearly
42- indicates otherwise, in [In] this chapter, "cost" includes any fee,
43- including a reimbursement fee, imposed on a defendant by the
44- justice or judge [at the time a judgment is entered].
45- SECTION 4. Article 103.0081, Code of Criminal Procedure, is
17+ indicates otherwise, in [In] this chapter, "cost" includes any fee
18+ imposed on a defendant by the justice or judge [at the time a
19+ judgment is entered].
20+ SECTION 3. Article 103.0081, Code of Criminal Procedure, is
4621 amended to read as follows:
4722 Art. 103.0081. UNCOLLECTIBLE FINES AND FEES. (a) Any
48- officer authorized by this chapter to collect a fine, reimbursement
49- or other fee, or item of cost may request the trial court in which a
50- criminal action or proceeding was held to make a finding that a
51- fine, reimbursement or other fee, or item of cost imposed in the
52- action or proceeding is uncollectible if the officer believes:
23+ officer authorized by this chapter to collect a fine, fee, or item
24+ of cost may request the trial court in which a criminal action or
25+ proceeding was held to make a finding that a fine, fee, or item of
26+ cost imposed in the action or proceeding is uncollectible if the
27+ officer believes:
5328 (1) the defendant is deceased;
5429 (2) the defendant is serving a sentence for
55- imprisonment for life or life without parole; or
56- (3) the fine, reimbursement or other fee, or item of
57- cost has been unpaid for at least 15 years.
30+ imprisonment for life or life without parole; [or]
31+ (3) the fine, fee, or item of cost has been unpaid for
32+ at least 15 years; or
33+ (4) the fine, fee, or item of cost is otherwise
34+ uncollectible.
5835 (b) On a finding by a court that any condition described by
5936 Subsection (a) [Subsections (a)(1)-(3)] is true, the court may
60- order the officer to designate the fine, reimbursement or other
61- fee, or item of cost as uncollectible in the fee record. The officer
62- shall attach a copy of the court's order to the fee record.
63- SECTION 5. The changes in law made by this Act apply to a
37+ order the officer to designate the fine, fee, or item of cost as
38+ uncollectible in the fee record. The officer shall attach a copy of
39+ the court's order to the fee record.
40+ SECTION 4. The changes in law made by this Act apply to a
6441 fine, fee, or cost imposed before, on, or after the effective date
6542 of this Act.
66- SECTION 6. This Act takes effect September 1, 2021.
43+ SECTION 5. This Act takes effect September 1, 2021.