| 4 | 6 | | AN ACT |
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| 5 | 7 | | relating to the imposition and collection of fines, fees, and court |
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| 6 | 8 | | costs in criminal cases. |
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| 7 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 8 | 10 | | SECTION 1. Article 42.15(a-1), Code of Criminal Procedure, |
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| 9 | 11 | | is amended to read as follows: |
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| 10 | 12 | | (a-1) Notwithstanding any other provision of this article, |
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| 11 | 13 | | during or immediately after imposing a sentence in a case in which |
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| 12 | 14 | | the defendant entered a plea in open court as provided by Article |
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| 13 | 15 | | 27.13, 27.14(a), or 27.16(a), a court shall inquire on the record |
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| 14 | 16 | | whether the defendant has sufficient resources or income to |
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| 15 | 17 | | immediately pay all or part of the fine and costs. If the court |
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| 16 | 18 | | determines that the defendant does not have sufficient resources or |
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| 17 | 19 | | income to immediately pay all or part of the fine and costs, the |
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| 18 | 20 | | court shall determine whether the fine and costs should be: |
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| 19 | 21 | | (1) subject to Subsection (c), required to be paid at |
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| 20 | 22 | | some later date or in a specified portion at designated intervals; |
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| 21 | 23 | | (2) discharged by performing community service under, |
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| 22 | 24 | | as applicable, Article 43.09(f), Article 45.049, Article 45.0492, |
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| 23 | 25 | | as added by Chapter 227 (H.B. 350), Acts of the 82nd Legislature, |
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| 24 | 26 | | Regular Session, 2011, or Article 45.0492, as added by Chapter 777 |
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| 25 | 27 | | (H.B. 1964), Acts of the 82nd Legislature, Regular Session, 2011; |
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| 26 | 28 | | (3) waived in full or in part under Article 43.091 or |
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| 27 | 29 | | 45.0491; or |
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| 28 | 30 | | (4) satisfied through any combination of methods under |
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| 29 | 31 | | Subdivisions (1)-(3). |
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| 30 | 32 | | SECTION 2. Article 43.015(3), Code of Criminal Procedure, |
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| 31 | 33 | | is amended to read as follows: |
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| 32 | 34 | | (3) "Cost" includes any fee, including a reimbursement |
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| 33 | 35 | | fee, imposed on a defendant by the court [at the time a judgment is |
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| 34 | 36 | | entered]. |
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| 35 | 37 | | SECTION 3. Article 45.004, Code of Criminal Procedure, is |
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| 36 | 38 | | amended to read as follows: |
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| 37 | 39 | | Art. 45.004. GENERAL DEFINITION. Unless the context |
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| 38 | 40 | | clearly indicates otherwise, in [In] this chapter, "cost" includes |
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| 39 | 41 | | any fee, including a reimbursement fee, imposed on a defendant by |
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| 40 | 42 | | the justice or judge [at the time a judgment is entered]. |
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| 41 | 43 | | SECTION 4. Article 103.0081, Code of Criminal Procedure, is |
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| 42 | 44 | | amended to read as follows: |
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| 43 | 45 | | Art. 103.0081. UNCOLLECTIBLE FINES AND FEES. (a) Any |
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| 44 | 46 | | officer authorized by this chapter to collect a fine, reimbursement |
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| 45 | 47 | | or other fee, or item of cost may request the trial court in which a |
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| 46 | 48 | | criminal action or proceeding was held to make a finding that a |
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| 47 | 49 | | fine, reimbursement or other fee, or item of cost imposed in the |
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| 48 | 50 | | action or proceeding is uncollectible if the officer believes: |
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| 49 | 51 | | (1) the defendant is deceased; |
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| 50 | 52 | | (2) the defendant is serving a sentence for |
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| 51 | 53 | | imprisonment for life or life without parole; or |
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| 52 | 54 | | (3) the fine, reimbursement or other fee, or item of |
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| 53 | 55 | | cost has been unpaid for at least 15 years. |
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| 54 | 56 | | (b) On a finding by a court that any condition described by |
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| 55 | 57 | | Subsection (a) [Subsections (a)(1)-(3)] is true, the court may |
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| 56 | 58 | | order the officer to designate the fine, reimbursement or other |
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| 57 | 59 | | fee, or item of cost as uncollectible in the fee record. The |
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| 58 | 60 | | officer shall attach a copy of the court's order to the fee record. |
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| 59 | 61 | | SECTION 5. The changes in law made by this Act apply to a |
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| 60 | 62 | | fine, fee, or cost imposed before, on, or after the effective date |
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| 61 | 63 | | of this Act. |
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| 62 | 64 | | SECTION 6. This Act takes effect September 1, 2021. |
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