88R20159 MEW-F
By: Bernal H.B. No. 303
Substitute the following for H.B. No. 303:
By: Moody C.S.H.B. No. 303
A BILL TO BE ENTITLED
AN ACT
relating to a justice or municipal court's authority to order a
defendant confined in jail for failure to pay a fine or cost or for
contempt and to the authority of a municipality to enforce the
collection of certain fines by imprisonment of the defendant.
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 under this
subsection shall be applied to the amount of the fine and costs at
the rate of not less than $150 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 or costs; or
[(2) the defendant is indigent and:
[(A) has failed to make a good faith effort to
discharge the fine or costs under Article 45.049; and
[(B) could have discharged the fine or 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 part of a fine or cost
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 cost
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 $150 for each period 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
(2) [(3)] contempt of an [another] order of a justice
or municipal court.
SECTION 8. Article 45.203, Code of Criminal Procedure, is
amended by amending Subsection (a) and adding Subsection (a-1) to
read as follows:
(a) The governing body of each municipality shall by
ordinance prescribe rules, not inconsistent with any law of this
state, as may be proper to enforce the collection of fines imposed
by a municipal court. In addition to any other method of enforcement
authorized by law, the municipality may enforce the collection of
fines by[:
[(1)] execution against the property of the defendant.
(a-1) A municipality may not enforce the collection of fines
by [; or
[(2)] imprisonment of the defendant.
SECTION 9. 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 10. The following provisions of the Code of
Criminal Procedure are repealed:
(1) Article 45.046(b); and
(2) Article 45.048(b).
SECTION 11. (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 part of a fine or cost
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 12. This Act takes effect September 1, 2023.