Texas 2021 - 87th Regular

Texas Senate Bill SB192 Compare Versions

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

Old	New	Differences
1	1	87R1043 MAW-D
2	2	By: West S.B. No. 192
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to credit toward payment of a fine and costs for certain
8	8	misdemeanants confined in jail or prison before sentencing.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Article 45.014(e), Code of Criminal Procedure,
11	11	as added by Chapter 1127 (S.B. 1913), Acts of the 85th Legislature,
12	12	Regular Session, 2017, is amended to read as follows:
13	13	(e) A justice or judge may not issue an arrest warrant for
14	14	the defendant's failure to appear at the initial court setting,
15	15	including failure to appear as required by a citation issued under
16	16	Article 14.06(b), unless:
17	17	(1) the justice or judge provides by telephone or
18	18	regular mail to the defendant notice that includes:
19	19	(A) a date and time, occurring within the 30-day
20	20	period following the date that notice is provided, when the
21	21	defendant must appear before the justice or judge;
22	22	(B) the name and address of the court with
23	23	jurisdiction in the case;
24	24	(C) information regarding alternatives to the
25	25	full payment of any fine or costs owed by the defendant, if the
26	26	defendant is unable to pay that amount;
27	27	(D) a statement that the defendant may be
28	28	entitled to a credit toward any fine or costs owed by the defendant
29	29	if the defendant was confined in jail or prison after the commission
30	30	of the offense for which the notice is given; and
31	31	(E) [(D)] an explanation of the consequences if
32	32	the defendant fails to appear before the justice or judge as
33	33	required by this article; and
34	34	(2) the defendant fails to appear before the justice
35	35	or judge as required by this article.
36	36	SECTION 2. Article 45.041, Code of Criminal Procedure, is
37	37	amended by amending Subsection (c) and adding Subsection (c-1) to
38	38	read as follows:
39	39	(c) The justice or judge shall credit the defendant for time
40	40	served in jail as provided by Article 42.03. The credit under this
41	41	subsection shall be applied to the amount of the fine and costs at
42	42	the rate provided by Article 45.048.
43	43	(c-1) In addition to credit under Subsection (c), in
44	44	imposing a fine and costs in a case involving a misdemeanor
45	45	punishable by a fine only, the justice or judge shall credit the
46	46	defendant for any time the defendant was confined in jail or prison
47	47	while serving a sentence for another offense if that confinement
48	48	occurred after the commission of the misdemeanor. The credit under
49	49	this subsection shall be applied to the amount of the fine and costs
50	50	at the rate of $200 for each day of confinement.
51	51	SECTION 3. Article 45.014(e), Code of Criminal Procedure,
52	52	as added by Chapter 977 (H.B. 351), Acts of the 85th Legislature,
53	53	Regular Session, 2017, is repealed.
54	54	SECTION 4. Article 45.041(c-1), Code of Criminal Procedure,
55	55	as added by this Act, applies to a defendant who is sentenced for an
56	56	offense on or after the effective date of this Act, regardless of
57	57	whether the offense is committed before, on, or after the effective
58	58	date of this Act.
59	59	SECTION 5. This Act takes effect September 1, 2021.