Texas 2021 - 87th Regular

Texas House Bill HB569 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 569
	1	+	By: Sanford, et al. (Senate Sponsor - West) H.B. No. 569
	2	+	(In the Senate - Received from the House April 14, 2021;
	3	+	April 19, 2021, read first time and referred to Committee on
	4	+	Criminal Justice; May 6, 2021, reported favorably by the following
	5	+	vote: Yeas 6, Nays 0; May 6, 2021, sent to printer.)
	6	+	Click here to see the committee vote
2	7
3	8
	9	+	A BILL TO BE ENTITLED
4	10		AN ACT
5	11		relating to credit toward payment of a fine and costs for certain
6	12		misdemeanants confined in jail or prison before sentencing.
7	13		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8		-	SECTION 1. This Act may be cited as the Bonton Farms Act.
9		-	SECTION 2. Article 45.014(e), Code of Criminal Procedure,
	14	+	SECTION 1. Article 45.014(e), Code of Criminal Procedure,
10	15		as added by Chapter 1127 (S.B. 1913), Acts of the 85th Legislature,
11	16		Regular Session, 2017, is amended to read as follows:
12	17		(e) A justice or judge may not issue an arrest warrant for
13	18		the defendant's failure to appear at the initial court setting,
14	19		including failure to appear as required by a citation issued under
15	20		Article 14.06(b), unless:
16	21		(1) the justice or judge provides by telephone or
17	22		regular mail to the defendant notice that includes:
18	23		(A) a date and time, occurring within the 30-day
19	24		period following the date that notice is provided, when the
20	25		defendant must appear before the justice or judge;
21	26		(B) the name and address of the court with
22	27		jurisdiction in the case;
23	28		(C) information regarding alternatives to the
24	29		full payment of any fine or costs owed by the defendant, if the
25	30		defendant is unable to pay that amount;
26	31		(D) a statement that the defendant may be
27	32		entitled to a credit toward any fine or costs owed by the defendant
28	33		if the defendant was confined in jail or prison after the commission
29	34		of the offense for which the notice is given; and
30	35		(E) [(D)] an explanation of the consequences if
31	36		the defendant fails to appear before the justice or judge as
32	37		required by this article; and
33	38		(2) the defendant fails to appear before the justice
34	39		or judge as required by this article.
35		-	SECTION 3. Article 45.041, Code of Criminal Procedure, is
	40	+	SECTION 2. Article 45.041, Code of Criminal Procedure, is
36	41		amended by amending Subsection (c) and adding Subsection (c-1) to
37	42		read as follows:
38	43		(c) The justice or judge shall credit the defendant for time
39	44		served in jail as provided by Article 42.03. The credit under this
40	45		subsection shall be applied to the amount of the fine and costs at
41	46		the rate provided by Article 45.048.
42	47		(c-1) In addition to credit under Subsection (c), in
43	48		imposing a fine and costs in a case involving a misdemeanor
44	49		punishable by a fine only, the justice or judge shall credit the
45	50		defendant for any time the defendant was confined in jail or prison
46	51		while serving a sentence for another offense if that confinement
47	52		occurred after the commission of the misdemeanor. The credit under
48	53		this subsection shall be applied to the amount of the fine and costs
49	54		at the rate of not less than $150 for each day of confinement.
50		-	SECTION 4. Article 45.048, Code of Criminal Procedure, is
	55	+	SECTION 3. Article 45.048, Code of Criminal Procedure, is
51	56		amended to read as follows:
52	57		Art. 45.048. DISCHARGED FROM JAIL. (a) A defendant placed
53	58		in jail on account of failure to pay the fine and costs shall be
54	59		discharged on habeas corpus by showing that the defendant:
55	60		(1) is too poor to pay the fine and costs; or
56	61		(2) has remained in jail a sufficient length of time to
57	62		satisfy the fine and costs, at the rate of not less than $150 [$100]
58	63		for each period served, as specified by the convicting court in the
59	64		judgment in the case.
60	65		(b) A convicting court may specify a period that is not less
61	66		than eight hours or more than 24 hours as the period for which a
62	67		defendant who fails to pay the fine and costs in the case must
63	68		remain in jail to satisfy $150 [$100] of the fine and costs.
64		-	SECTION 5. Article 45.014(e), Code of Criminal Procedure,
	69	+	SECTION 4. Article 45.014(e), Code of Criminal Procedure,
65	70		as added by Chapter 977 (H.B. 351), Acts of the 85th Legislature,
66	71		Regular Session, 2017, is repealed.
67		-	SECTION 6. Article 45.041(c-1), Code of Criminal Procedure,
	72	+	SECTION 5. Article 45.041(c-1), Code of Criminal Procedure,
68	73		as added by this Act, applies to a defendant who is sentenced for an
69	74		offense on or after the effective date of this Act, regardless of
70	75		whether the offense is committed before, on, or after the effective
71	76		date of this Act.
72		-	SECTION 7. Article 45.048, Code of Criminal Procedure, as
	77	+	SECTION 6. Article 45.048, Code of Criminal Procedure, as
73	78		amended by this Act, applies to a defendant who is placed in jail on
74	79		or after the effective date of this Act for failure to pay the fine
75	80		and costs imposed on conviction of an offense, regardless of
76	81		whether the offense for which the defendant was convicted was
77	82		committed before, on, or after the effective date of this Act.
78		-	SECTION 8. This Act takes effect September 1, 2021.
79		-	______________________________ ______________________________
80		-	President of the Senate Speaker of the House
81		-	I certify that H.B. No. 569 was passed by the House on April
82		-	14, 2021, by the following vote: Yeas 148, Nays 1, 1 present, not
83		-	voting; and that the House concurred in Senate amendments to H.B.
84		-	No. 569 on May 18, 2021, by the following vote: Yeas 144, Nays 0, 1
85		-	present, not voting.
86		-	______________________________
87		-	Chief Clerk of the House
88		-	I certify that H.B. No. 569 was passed by the Senate, with
89		-	amendments, on May 13, 2021, by the following vote: Yeas 30, Nays
90		-	0.
91		-	______________________________
92		-	Secretary of the Senate
93		-	APPROVED: __________________
94		-	Date
95		-	__________________
96		-	Governor
	83	+	SECTION 7. This Act takes effect September 1, 2021.
	84	+	* * * * *