| 1 | 1 | | 88R25591 EAS-D |
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| 2 | 2 | | By: J. Johnson of Harris H.B. No. 2646 |
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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 payment of certain fines and court costs by an |
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| 8 | 8 | | inmate during a term of imprisonment or following release from the |
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| 9 | 9 | | Texas Department of Criminal Justice. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Article 42.01, Code of Criminal Procedure, is |
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| 12 | 12 | | amended by adding Section 17 to read as follows: |
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| 13 | 13 | | Sec. 17. In addition to the information described by |
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| 14 | 14 | | Section 1, the judgment must reflect the inmate's right under |
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| 15 | 15 | | Article 42.153 to defer payment of certain fines and court costs |
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| 16 | 16 | | owed to the state. |
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| 17 | 17 | | SECTION 2. Chapter 42, Code of Criminal Procedure, is |
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| 18 | 18 | | amended by adding Article 42.153 to read as follows: |
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| 19 | 19 | | Art. 42.153. DEFERRED PAYMENT OF CERTAIN FINES AND COURT |
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| 20 | 20 | | COSTS. (a) Notwithstanding any other law and except as provided by |
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| 21 | 21 | | Subsection (c), a person sentenced to imprisonment in the Texas |
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| 22 | 22 | | Department of Criminal Justice is not required to pay any fines or |
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| 23 | 23 | | court costs owed to the state: |
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| 24 | 24 | | (1) during the term of imprisonment, including while |
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| 25 | 25 | | the person is confined in a county jail awaiting transfer to the |
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| 26 | 26 | | department; or |
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| 27 | 27 | | (2) before the 181st day after the person's release: |
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| 28 | 28 | | (A) following completion of the person's |
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| 29 | 29 | | sentence; or |
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| 30 | 30 | | (B) on parole or to mandatory supervision. |
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| 31 | 31 | | (b) Not later than the 30th day following the person's |
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| 32 | 32 | | release as described by Subsection (a)(2), the person shall contact |
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| 33 | 33 | | the clerk of the court in each jurisdiction where the person owes |
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| 34 | 34 | | fines or court costs and enter into a payment plan with the clerk of |
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| 35 | 35 | | the court. |
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| 36 | 36 | | (c) This section does not apply to amounts owed for |
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| 37 | 37 | | restitution or to amounts owed for supervision fees assessed as a |
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| 38 | 38 | | condition of release. |
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| 39 | 39 | | SECTION 3. The change in law made by this Act applies to a |
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| 40 | 40 | | defendant who is sentenced for an offense on or after the effective |
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| 41 | 41 | | date of this Act, regardless of whether the offense is committed |
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| 42 | 42 | | before, on, or after that date. |
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| 43 | 43 | | SECTION 4. This Act takes effect September 1, 2023. |
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