By: Bernal H.B. No. 303
A BILL TO BE ENTITLED
AN ACT
relating to the amount of a fine or cost imposed in a criminal case
by a justice or municipal court and to the court's authority to
order a defendant confined in jail for failure to pay a fine or cost
or for contempt.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 45.041(c), Code of Criminal Procedure,
is amended to read as follows:
(c) The justice or judge shall credit the defendant for time
served in jail as provided by Article 42.03. The credit shall be
applied to the amount of the fine and costs at the rate of not less
than $100 for each period served that is not less than eight hours
or more than 24 hours, as specified by the justice or judge
[provided by Article 45.048].
SECTION 2. The heading to Article 45.046, Code of Criminal
Procedure, is amended to read as follows:
Art. 45.046. HEARING ON DEFAULT [COMMITMENT].
SECTION 3. Article 45.046(a), Code of Criminal Procedure,
is amended to read as follows:
(a) When a judgment and sentence have been entered against a
defendant and the defendant defaults in the discharge of the
judgment, the judge may order the defendant to appear [confined in
jail until discharged by law if the judge] at a hearing and show
cause as to why the defendant defaulted in discharging the judgment
[makes a written determination that:
[(1) the defendant is not indigent and has failed to
make a good faith effort to discharge the fine and costs; or
[(2) the defendant is indigent and:
[(A) has failed to make a good faith effort to
discharge the fines and costs under Article 45.049; and
[(B) could have discharged the fines and costs
under Article 45.049 without experiencing any undue hardship].
SECTION 4. Subchapter B, Chapter 45, Code of Criminal
Procedure, is amended by adding Article 45.0465 to read as follows:
Art. 45.0465. CONFINEMENT FOR FAILURE TO SATISFY JUDGMENT
OR FOR CONTEMPT PROHIBITED. A justice or municipal court may not
order the confinement of a person, including a child as defined by
Article 45.058(h), for:
(1) the failure to pay all or any part of a fine or
costs imposed for the conviction of an offense punishable by fine
only; or
(2) contempt of a judgment entered for the conviction
of an offense punishable by fine only.
SECTION 5. Article 45.048(a), Code of Criminal Procedure,
is amended to read as follows:
(a) A defendant confined [placed] in jail [on account of
failure to pay the fine and costs] shall be discharged on habeas
corpus by showing that the defendant was confined in jail:
(1) in violation of Article 45.0465 or 45.050(b) [is
too poor to pay the fine and costs]; or
(2) as a result of:
(A) failure to pay the applicable fine or costs
imposed by a judgment entered for the conviction of an offense
punishable by fine only; or
(B) contempt of a judgment described by Paragraph
(A) or, if the defendant is a child, contempt of an order of a
justice or municipal court [has remained in jail a sufficient
length of time to satisfy the fine and costs, at the rate of not less
than $50 for each period of time served, as specified by the
convicting court in the judgment in the case].
SECTION 6. The heading to Article 45.050, Code of Criminal
Procedure, is amended to read as follows:
Art. 45.050. [FAILURE TO PAY FINE; FAILURE TO APPEAR;]
CONTEMPT: JUVENILES.
SECTION 7. Article 45.050(b), Code of Criminal Procedure,
is amended to read as follows:
(b) A justice or municipal court may not order the
confinement of a child for:
[(1) the failure to pay all or any part of a fine or
costs imposed for the conviction of an offense punishable by fine
only;
(2) the failure to appear for an offense committed by
the child; or
(3) contempt of an [another] order of a justice or
municipal court.
SECTION 8. Section 21.002(c), Government Code, is amended
to read as follows:
(c) Subject to Articles 45.0465 and 45.050(b), Code of
Criminal Procedure, the [The] punishment for contempt of a justice
court or municipal court is a fine of not more than $100 or
confinement in the county or municipal [city] jail for not more than
three days, or both such a fine and confinement in jail.
SECTION 9. Articles 45.046(b) and 45.048(b), Code of
Criminal Procedure, are repealed.
SECTION 10. (a) Except as provided by Subsection (b) of
this section, the changes in law made by this Act apply only to a
judgment that has not been discharged before the effective date of
this Act and a judgment entered on or after the effective date of
this Act.
(b) Article 45.050(b), Code of Criminal Procedure, as
amended by this Act, applies only to an order entered on or after
the effective date of this Act.
(c) Not later than September 2, 2023, a county or municipal
jail shall release each person who, on the effective date of this
Act, is confined in the county or municipal jail for:
(1) the failure to pay all or any part of a fine or
costs imposed for the conviction of an offense punishable by fine
only, including confinement ordered under Article 45.046, Code of
Criminal Procedure, as that article existed before the effective
date of this Act;
(2) contempt of a judgment entered for the conviction
of an offense punishable by fine only; or
(3) contempt of an order of a justice or municipal
court, if the person is a child as defined by Article 45.058(h),
Code of Criminal Procedure.
SECTION 11. This Act takes effect September 1, 2023.