Texas 2023 - 88th Regular

Texas Senate Bill SB352 Compare Versions

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1	1	88R3475 MCF-D
2	2	By: Zaffirini S.B. No. 352
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to credit toward payment of fines and costs for certain
8	8	defendants.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Articles 43.09(a) and (k), Code of Criminal
11	11	Procedure, are amended to read as follows:
12	12	(a) When a defendant is convicted of a misdemeanor and the
13	13	defendant's punishment is assessed at a pecuniary fine or is
14	14	confined in a jail after conviction of a felony for which a fine is
15	15	imposed, if the defendant is unable to pay the fine and costs
16	16	adjudged against the defendant, the defendant may for such time as
17	17	will satisfy the judgment be put to work in the county jail
18	18	industries program, in the workhouse, or on the county farm, or
19	19	public improvements and maintenance projects of the county or a
20	20	political subdivision located in whole or in part in the county, as
21	21	provided in Article 43.10; or if there is no such county jail
22	22	industries program, workhouse, farm, or improvements and
23	23	maintenance projects, the defendant shall be confined in jail for a
24	24	sufficient length of time to discharge the full amount of fine and
25	25	costs adjudged against the defendant; rating such confinement at
26	26	$150 [$100] for each day and rating such labor at $150 [$100] for
27	27	each day; provided, however, that the defendant may pay the
28	28	pecuniary fine assessed against the defendant at any time while the
29	29	defendant is serving at work in the county jail industries program,
30	30	in the workhouse, or on the county farm, or on the public
31	31	improvements and maintenance projects of the county or a political
32	32	subdivision located in whole or in part in the county, or while the
33	33	defendant is serving the defendant's jail sentence, and in such
34	34	instances the defendant is entitled to the credit earned under this
35	35	subsection during the time that the defendant has served and the
36	36	defendant shall only be required to pay the balance of the pecuniary
37	37	fine assessed against the defendant. A defendant who performs labor
38	38	under this article during a day in which the defendant is confined
39	39	is entitled to both the credit for confinement and the credit for
40	40	labor provided by this article.
41	41	(k) A defendant is considered to have discharged $150 [$100]
42	42	of fines or costs for each eight hours of community service
43	43	performed under Subsection (f) of this article.
44	44	SECTION 2. Article 45.041(c-1), Code of Criminal Procedure,
45	45	is amended to read as follows:
46	46	(c-1) In addition to credit under Subsection (c), in
47	47	imposing a fine and costs in a case involving a misdemeanor
48	48	punishable by a fine only, the justice or judge shall credit the
49	49	defendant for any time the defendant was confined in jail or prison
50	50	while awaiting trial or serving a sentence for another offense if
51	51	that confinement occurred after the commission of the misdemeanor.
52	52	The credit under this subsection shall be applied to the amount of
53	53	the fine and costs at the rate of not less than $150 for each day of
54	54	confinement.
55	55	SECTION 3. Article 45.049(e), Code of Criminal Procedure,
56	56	is amended to read as follows:
57	57	(e) A defendant is considered to have discharged not less
58	58	than $150 [$100] of fines or costs for each eight hours of community
59	59	service performed under this article.
60	60	SECTION 4. Article 45.0492(g), Code of Criminal Procedure,
61	61	as added by Chapter 227 (H.B. 350), Acts of the 82nd Legislature,
62	62	Regular Session, 2011, is amended to read as follows:
63	63	(g) A defendant is considered to have discharged not less
64	64	than $150 [$100] of fines or costs for each eight hours of community
65	65	service performed under this article.
66	66	SECTION 5. Article 45.0492(h), Code of Criminal Procedure,
67	67	as added by Chapter 777 (H.B. 1964), Acts of the 82nd Legislature,
68	68	Regular Session, 2011, is amended to read as follows:
69	69	(h) A defendant is considered to have discharged not less
70	70	than $150 [$100] of fines or costs for each eight hours of community
71	71	service performed under this article.
72	72	SECTION 6. Article 43.09(a), Code of Criminal Procedure, as
73	73	amended by this Act, applies to a defendant who is confined or
74	74	performs labor to discharge fines or costs on or after the effective
75	75	date of this Act, regardless of whether the offense for which the
76	76	fines or costs were imposed occurred before, on, or after the
77	77	effective date of this Act.
78	78	SECTION 7. The changes in law made by this Act to Articles
79	79	43.09(k) and 45.049(e), Code of Criminal Procedure, Article
80	80	45.0492(g), Code of Criminal Procedure, as added by Chapter 227
81	81	(H.B. 350), Acts of the 82nd Legislature, Regular Session, 2011,
82	82	and Article 45.0492(h), Code of Criminal Procedure, as added by
83	83	Chapter 777 (H.B. 1964), Acts of the 82nd Legislature, Regular
84	84	Session, 2011, apply to a defendant who performs community service
85	85	to discharge fines or costs on or after the effective date of this
86	86	Act, regardless of whether the offense for which the fines or costs
87	87	were imposed occurred before, on, or after the effective date of
88	88	this Act.
89	89	SECTION 8. Article 45.041(c-1), Code of Criminal Procedure,
90	90	as amended by this Act, applies to a defendant who is sentenced for
91	91	an offense on or after the effective date of this Act, regardless of
92	92	whether the offense was committed before, on, or after that date.
93	93	SECTION 9. This Act takes effect September 1, 2023.