88R3475 MCF-D
By: Zaffirini S.B. No. 352
A BILL TO BE ENTITLED
AN ACT
relating to credit toward payment of fines and costs for certain
defendants.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Articles 43.09(a) and (k), Code of Criminal
Procedure, are amended to read as follows:
(a) When a defendant is convicted of a misdemeanor and the
defendant's punishment is assessed at a pecuniary fine or is
confined in a jail after conviction of a felony for which a fine is
imposed, if the defendant is unable to pay the fine and costs
adjudged against the defendant, the defendant may for such time as
will satisfy the judgment be put to work in the county jail
industries program, in the workhouse, or on the county farm, or
public improvements and maintenance projects of the county or a
political subdivision located in whole or in part in the county, as
provided in Article 43.10; or if there is no such county jail
industries program, workhouse, farm, or improvements and
maintenance projects, the defendant shall be confined in jail for a
sufficient length of time to discharge the full amount of fine and
costs adjudged against the defendant; rating such confinement at
$150 [$100] for each day and rating such labor at $150 [$100] for
each day; provided, however, that the defendant may pay the
pecuniary fine assessed against the defendant at any time while the
defendant is serving at work in the county jail industries program,
in the workhouse, or on the county farm, or on the public
improvements and maintenance projects of the county or a political
subdivision located in whole or in part in the county, or while the
defendant is serving the defendant's jail sentence, and in such
instances the defendant is entitled to the credit earned under this
subsection during the time that the defendant has served and the
defendant shall only be required to pay the balance of the pecuniary
fine assessed against the defendant. A defendant who performs labor
under this article during a day in which the defendant is confined
is entitled to both the credit for confinement and the credit for
labor provided by this article.
(k) A defendant is considered to have discharged $150 [$100]
of fines or costs for each eight hours of community service
performed under Subsection (f) of this article.
SECTION 2. Article 45.041(c-1), Code of Criminal Procedure,
is amended to read as follows:
(c-1) In addition to credit under Subsection (c), in
imposing a fine and costs in a case involving a misdemeanor
punishable by a fine only, the justice or judge shall credit the
defendant for any time the defendant was confined in jail or prison
while awaiting trial or serving a sentence for another offense if
that confinement occurred after the commission of the misdemeanor.
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 day of
confinement.
SECTION 3. Article 45.049(e), Code of Criminal Procedure,
is amended to read as follows:
(e) A defendant is considered to have discharged not less
than $150 [$100] of fines or costs for each eight hours of community
service performed under this article.
SECTION 4. Article 45.0492(g), Code of Criminal Procedure,
as added by Chapter 227 (H.B. 350), Acts of the 82nd Legislature,
Regular Session, 2011, is amended to read as follows:
(g) A defendant is considered to have discharged not less
than $150 [$100] of fines or costs for each eight hours of community
service performed under this article.
SECTION 5. Article 45.0492(h), Code of Criminal Procedure,
as added by Chapter 777 (H.B. 1964), Acts of the 82nd Legislature,
Regular Session, 2011, is amended to read as follows:
(h) A defendant is considered to have discharged not less
than $150 [$100] of fines or costs for each eight hours of community
service performed under this article.
SECTION 6. Article 43.09(a), Code of Criminal Procedure, as
amended by this Act, applies to a defendant who is confined or
performs labor to discharge fines or costs on or after the effective
date of this Act, regardless of whether the offense for which the
fines or costs were imposed occurred before, on, or after the
effective date of this Act.
SECTION 7. The changes in law made by this Act to Articles
43.09(k) and 45.049(e), Code of Criminal Procedure, Article
45.0492(g), Code of Criminal Procedure, as added by Chapter 227
(H.B. 350), Acts of the 82nd Legislature, Regular Session, 2011,
and Article 45.0492(h), Code of Criminal Procedure, as added by
Chapter 777 (H.B. 1964), Acts of the 82nd Legislature, Regular
Session, 2011, apply to a defendant who performs community service
to discharge fines or costs on or after the effective date of this
Act, regardless of whether the offense for which the fines or costs
were imposed occurred before, on, or after the effective date of
this Act.
SECTION 8. Article 45.041(c-1), Code of Criminal Procedure,
as amended by this Act, applies to a defendant who is sentenced for
an offense on or after the effective date of this Act, regardless of
whether the offense was committed before, on, or after that date.
SECTION 9. This Act takes effect September 1, 2023.