| 1 | 1 | | 88R8827 MCF-D |
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| 2 | 2 | | By: Dutton H.B. No. 1921 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the amount of a fine and costs discharged by a defendant |
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| 8 | 8 | | while confined in jail or engaged in labor. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Article 43.09(a), Code of Criminal Procedure, is |
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| 11 | 11 | | amended to read as follows: |
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| 12 | 12 | | (a) When a defendant is convicted of a misdemeanor and the |
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| 13 | 13 | | defendant's punishment is assessed at a pecuniary fine or is |
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| 14 | 14 | | confined in a jail after conviction of a felony for which a fine is |
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| 15 | 15 | | imposed, if the defendant is unable to pay the fine and costs |
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| 16 | 16 | | adjudged against the defendant, the defendant may for such time as |
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| 17 | 17 | | will satisfy the judgment be put to work in the county jail |
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| 18 | 18 | | industries program, in the workhouse, or on the county farm, or |
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| 19 | 19 | | public improvements and maintenance projects of the county or a |
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| 20 | 20 | | political subdivision located in whole or in part in the county, as |
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| 21 | 21 | | provided in Article 43.10; or if there is no such county jail |
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| 22 | 22 | | industries program, workhouse, farm, or improvements and |
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| 23 | 23 | | maintenance projects, the defendant shall be confined in jail for a |
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| 24 | 24 | | sufficient length of time to discharge the full amount of fine and |
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| 25 | 25 | | costs adjudged against the defendant; rating such confinement at |
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| 26 | 26 | | $200 [$100] for each day and rating such labor at $200 [$100] for |
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| 27 | 27 | | each day; provided, however, that the defendant may pay the |
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| 28 | 28 | | pecuniary fine assessed against the defendant at any time while the |
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| 29 | 29 | | defendant is serving at work in the county jail industries program, |
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| 30 | 30 | | in the workhouse, or on the county farm, or on the public |
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| 31 | 31 | | improvements and maintenance projects of the county or a political |
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| 32 | 32 | | subdivision located in whole or in part in the county, or while the |
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| 33 | 33 | | defendant is serving the defendant's jail sentence, and in such |
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| 34 | 34 | | instances the defendant is entitled to the credit earned under this |
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| 35 | 35 | | subsection during the time that the defendant has served and the |
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| 36 | 36 | | defendant shall only be required to pay the balance of the pecuniary |
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| 37 | 37 | | fine assessed against the defendant. A defendant who performs |
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| 38 | 38 | | labor under this article during a day in which the defendant is |
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| 39 | 39 | | confined is entitled to both the credit for confinement and the |
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| 40 | 40 | | credit for labor provided by this article. |
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| 41 | 41 | | SECTION 2. Article 45.048, Code of Criminal Procedure, is |
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| 42 | 42 | | amended to read as follows: |
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| 43 | 43 | | Art. 45.048. DISCHARGED FROM JAIL. (a) A defendant placed |
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| 44 | 44 | | in jail on account of failure to pay the fine and costs shall be |
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| 45 | 45 | | discharged on habeas corpus by showing that the defendant: |
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| 46 | 46 | | (1) is too poor to pay the fine and costs; or |
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| 47 | 47 | | (2) has remained in jail a sufficient length of time to |
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| 48 | 48 | | satisfy the fine and costs, at the rate of not less than $200 [$150] |
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| 49 | 49 | | for each period served, as specified by the convicting court in the |
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| 50 | 50 | | judgment in the case. |
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| 51 | 51 | | (b) A convicting court may specify a period that is not less |
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| 52 | 52 | | than eight hours or more than 24 hours as the period for which a |
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| 53 | 53 | | defendant who fails to pay the fine and costs in the case must |
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| 54 | 54 | | remain in jail to satisfy $200 [$150] of the fine and costs. |
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| 55 | 55 | | SECTION 3. (a) The change in law made by this Act to Article |
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| 56 | 56 | | 43.09(a), Code of Criminal Procedure, applies only to a defendant |
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| 57 | 57 | | convicted of a misdemeanor on or after the effective date of this |
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| 58 | 58 | | Act, regardless of whether the misdemeanor was committed before, |
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| 59 | 59 | | on, or after the effective date of this Act. |
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| 60 | 60 | | (b) The change in law made by this Act to Article 45.048, |
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| 61 | 61 | | Code of Criminal Procedure, applies to a defendant who is placed in |
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| 62 | 62 | | jail on or after the effective date of this Act for failure to pay |
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| 63 | 63 | | the fine and costs imposed on conviction of an offense, regardless |
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| 64 | 64 | | of whether the offense for which the defendant was convicted was |
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| 65 | 65 | | committed before, on, or after the effective date of this Act. |
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| 66 | 66 | | SECTION 4. This Act takes effect September 1, 2023. |
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