Texas 2023 - 88th Regular

Texas House Bill HB303 Compare Versions

Version 1 (Old)

Version 2 (New)

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1	1	88R20159 MEW-F
2	2	By: Bernal H.B. No. 303
3	3	Substitute the following for H.B. No. 303:
4	4	By: Moody C.S.H.B. No. 303
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to a justice or municipal court's authority to order a
10	10	defendant confined in jail for failure to pay a fine or cost or for
11	11	contempt and to the authority of a municipality to enforce the
12	12	collection of certain fines by imprisonment of the defendant.
13	13	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	14	SECTION 1. Article 45.041(c), Code of Criminal Procedure,
15	15	is amended to read as follows:
16	16	(c) The justice or judge shall credit the defendant for time
17	17	served in jail as provided by Article 42.03. The credit under this
18	18	subsection shall be applied to the amount of the fine and costs at
19	19	the rate of not less than $150 for each period served that is not
20	20	less than eight hours or more than 24 hours, as specified by the
21	21	justice or judge [provided by Article 45.048].
22	22	SECTION 2. The heading to Article 45.046, Code of Criminal
23	23	Procedure, is amended to read as follows:
24	24	Art. 45.046. HEARING ON DEFAULT [COMMITMENT].
25	25	SECTION 3. Article 45.046(a), Code of Criminal Procedure,
26	26	is amended to read as follows:
27	27	(a) When a judgment and sentence have been entered against a
28	28	defendant and the defendant defaults in the discharge of the
29	29	judgment, the judge may order the defendant to appear [confined in
30	30	jail until discharged by law if the judge] at a hearing and show
31	31	cause as to why the defendant defaulted in discharging the judgment
32	32	[makes a written determination that:
33	33	[(1) the defendant is not indigent and has failed to
34	34	make a good faith effort to discharge the fine or costs; or
35	35	[(2) the defendant is indigent and:
36	36	[(A) has failed to make a good faith effort to
37	37	discharge the fine or costs under Article 45.049; and
38	38	[(B) could have discharged the fine or costs under
39	39	Article 45.049 without experiencing any undue hardship].
40	40	SECTION 4. Subchapter B, Chapter 45, Code of Criminal
41	41	Procedure, is amended by adding Article 45.0465 to read as follows:
42	42	Art. 45.0465. CONFINEMENT FOR FAILURE TO SATISFY JUDGMENT
43	43	OR FOR CONTEMPT PROHIBITED. A justice or municipal court may not
44	44	order the confinement of a person, including a child as defined by
45	45	Article 45.058(h), for:
46	46	(1) the failure to pay all or part of a fine or cost
47	47	imposed for the conviction of an offense punishable by fine only; or
48	48	(2) contempt of a judgment entered for the conviction
49	49	of an offense punishable by fine only.
50	50	SECTION 5. Article 45.048(a), Code of Criminal Procedure,
51	51	is amended to read as follows:
52	52	(a) A defendant confined [placed] in jail [on account of
53	53	failure to pay the fine and costs] shall be discharged on habeas
54	54	corpus by showing that the defendant was confined in jail:
55	55	(1) in violation of Article 45.0465 or 45.050(b) [is
56	56	too poor to pay the fine and costs]; or
57	57	(2) as a result of:
58	58	(A) failure to pay the applicable fine or cost
59	59	imposed by a judgment entered for the conviction of an offense
60	60	punishable by fine only; or
61	61	(B) contempt of a judgment described by Paragraph
62	62	(A) or, if the defendant is a child, contempt of an order of a
63	63	justice or municipal court [has remained in jail a sufficient
64	64	length of time to satisfy the fine and costs, at the rate of not less
65	65	than $150 for each period served, as specified by the convicting
66	66	court in the judgment in the case].
67	67	SECTION 6. The heading to Article 45.050, Code of Criminal
68	68	Procedure, is amended to read as follows:
69	69	Art. 45.050. [FAILURE TO PAY FINE;] FAILURE TO APPEAR;
70	70	CONTEMPT: JUVENILES.
71	71	SECTION 7. Article 45.050(b), Code of Criminal Procedure,
72	72	is amended to read as follows:
73	73	(b) A justice or municipal court may not order the
74	74	confinement of a child for:
75	75	(1) [the failure to pay all or any part of a fine or
76	76	costs imposed for the conviction of an offense punishable by fine
77	77	only;
78	78	[(2)] the failure to appear for an offense committed by
79	79	the child; or
80	80	(2) [(3)] contempt of an [another] order of a justice
81	81	or municipal court.
82	82	SECTION 8. Article 45.203, Code of Criminal Procedure, is
83	83	amended by amending Subsection (a) and adding Subsection (a-1) to
84	84	read as follows:
85	85	(a) The governing body of each municipality shall by
86	86	ordinance prescribe rules, not inconsistent with any law of this
87	87	state, as may be proper to enforce the collection of fines imposed
88	88	by a municipal court. In addition to any other method of enforcement
89	89	authorized by law, the municipality may enforce the collection of
90	90	fines by[:
91	91	[(1)] execution against the property of the defendant.
92	92	(a-1) A municipality may not enforce the collection of fines
93	93	by [; or
94	94	[(2)] imprisonment of the defendant.
95	95	SECTION 9. Section 21.002(c), Government Code, is amended
96	96	to read as follows:
97	97	(c) Subject to Articles 45.0465 and 45.050(b), Code of
98	98	Criminal Procedure, the [The] punishment for contempt of a justice
99	99	court or municipal court is a fine of not more than $100 or
100	100	confinement in the county or municipal [city] jail for not more than
101	101	three days, or both such a fine and confinement in jail.
102	102	SECTION 10. The following provisions of the Code of
103	103	Criminal Procedure are repealed:
104	104	(1) Article 45.046(b); and
105	105	(2) Article 45.048(b).
106	106	SECTION 11. (a) Except as provided by Subsection (b) of this
107	107	section, the changes in law made by this Act apply only to a
108	108	judgment that has not been discharged before the effective date of
109	109	this Act and a judgment entered on or after the effective date of
110	110	this Act.
111	111	(b) Article 45.050(b), Code of Criminal Procedure, as
112	112	amended by this Act, applies only to an order entered on or after
113	113	the effective date of this Act.
114	114	(c) Not later than September 2, 2023, a county or municipal
115	115	jail shall release each person who, on the effective date of this
116	116	Act, is confined in the county or municipal jail for:
117	117	(1) the failure to pay all or part of a fine or cost
118	118	imposed for the conviction of an offense punishable by fine only,
119	119	including confinement ordered under Article 45.046, Code of
120	120	Criminal Procedure, as that article existed before the effective
121	121	date of this Act;
122	122	(2) contempt of a judgment entered for the conviction
123	123	of an offense punishable by fine only; or
124	124	(3) contempt of an order of a justice or municipal
125	125	court, if the person is a child as defined by Article 45.058(h),
126	126	Code of Criminal Procedure.
127	127	SECTION 12. This Act takes effect September 1, 2023.