88R8827 MCF-D
By: Dutton H.B. No. 1921
A BILL TO BE ENTITLED
AN ACT
relating to the amount of a fine and costs discharged by a defendant
while confined in jail or engaged in labor.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 43.09(a), Code of Criminal Procedure, is
amended to read as follows:
(a) When a defendant is convicted of a misdemeanor and the
defendant's punishment is assessed at a pecuniary fine or is
confined in a jail after conviction of a felony for which a fine is
imposed, if the defendant is unable to pay the fine and costs
adjudged against the defendant, the defendant may for such time as
will satisfy the judgment be put to work in the county jail
industries program, in the workhouse, or on the county farm, or
public improvements and maintenance projects of the county or a
political subdivision located in whole or in part in the county, as
provided in Article 43.10; or if there is no such county jail
industries program, workhouse, farm, or improvements and
maintenance projects, the defendant shall be confined in jail for a
sufficient length of time to discharge the full amount of fine and
costs adjudged against the defendant; rating such confinement at
$200 [$100] for each day and rating such labor at $200 [$100] for
each day; provided, however, that the defendant may pay the
pecuniary fine assessed against the defendant at any time while the
defendant is serving at work in the county jail industries program,
in the workhouse, or on the county farm, or on the public
improvements and maintenance projects of the county or a political
subdivision located in whole or in part in the county, or while the
defendant is serving the defendant's jail sentence, and in such
instances the defendant is entitled to the credit earned under this
subsection during the time that the defendant has served and the
defendant shall only be required to pay the balance of the pecuniary
fine assessed against the defendant. A defendant who performs
labor under this article during a day in which the defendant is
confined is entitled to both the credit for confinement and the
credit for labor provided by this article.
SECTION 2. Article 45.048, Code of Criminal Procedure, is
amended to read as follows:
Art. 45.048. DISCHARGED FROM JAIL. (a) A defendant placed
in jail on account of failure to pay the fine and costs shall be
discharged on habeas corpus by showing that the defendant:
(1) is too poor to pay the fine and costs; or
(2) has remained in jail a sufficient length of time to
satisfy the fine and costs, at the rate of not less than $200 [$150]
for each period served, as specified by the convicting court in the
judgment in the case.
(b) A convicting court may specify a period that is not less
than eight hours or more than 24 hours as the period for which a
defendant who fails to pay the fine and costs in the case must
remain in jail to satisfy $200 [$150] of the fine and costs.
SECTION 3. (a) The change in law made by this Act to Article
43.09(a), Code of Criminal Procedure, applies only to a defendant
convicted of a misdemeanor on or after the effective date of this
Act, regardless of whether the misdemeanor was committed before,
on, or after the effective date of this Act.
(b) The change in law made by this Act to Article 45.048,
Code of Criminal Procedure, applies to a defendant who is placed in
jail on or after the effective date of this Act for failure to pay
the fine and costs imposed on conviction of an offense, regardless
of whether the offense for which the defendant was convicted was
committed before, on, or after the effective date of this Act.
SECTION 4. This Act takes effect September 1, 2023.