5 | 3 | | |
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6 | 4 | | |
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7 | 5 | | A BILL TO BE ENTITLED |
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8 | 6 | | AN ACT |
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9 | 7 | | relating to credit toward payment of fines and costs for certain |
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10 | 8 | | defendants. |
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11 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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12 | 10 | | SECTION 1. Articles 43.09(a) and (k), Code of Criminal |
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13 | 11 | | Procedure, are amended to read as follows: |
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14 | 12 | | (a) When a defendant is convicted of a misdemeanor and the |
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15 | 13 | | defendant's punishment is assessed at a pecuniary fine or is |
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16 | 14 | | confined in a jail after conviction of a felony for which a fine is |
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17 | 15 | | imposed, if the defendant is unable to pay the fine and costs |
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18 | 16 | | adjudged against the defendant, the defendant may for such time as |
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19 | 17 | | will satisfy the judgment be put to work in the county jail |
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20 | 18 | | industries program, in the workhouse, or on the county farm, or |
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21 | 19 | | public improvements and maintenance projects of the county or a |
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22 | 20 | | political subdivision located in whole or in part in the county, as |
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23 | 21 | | provided in Article 43.10; or if there is no such county jail |
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24 | 22 | | industries program, workhouse, farm, or improvements and |
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25 | 23 | | maintenance projects, the defendant shall be confined in jail for a |
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26 | 24 | | sufficient length of time to discharge the full amount of fine and |
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27 | 25 | | costs adjudged against the defendant; rating such confinement at |
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28 | 26 | | $150 [$100] for each day and rating such labor at $150 [$100] for |
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29 | 27 | | each day; provided, however, that the defendant may pay the |
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30 | 28 | | pecuniary fine assessed against the defendant at any time while the |
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31 | 29 | | defendant is serving at work in the county jail industries program, |
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32 | 30 | | in the workhouse, or on the county farm, or on the public |
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33 | 31 | | improvements and maintenance projects of the county or a political |
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34 | 32 | | subdivision located in whole or in part in the county, or while the |
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35 | 33 | | defendant is serving the defendant's jail sentence, and in such |
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36 | 34 | | instances the defendant is entitled to the credit earned under this |
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37 | 35 | | subsection during the time that the defendant has served and the |
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38 | 36 | | defendant shall only be required to pay the balance of the pecuniary |
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39 | 37 | | fine assessed against the defendant. A defendant who performs labor |
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40 | 38 | | under this article during a day in which the defendant is confined |
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41 | 39 | | is entitled to both the credit for confinement and the credit for |
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42 | 40 | | labor provided by this article. |
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43 | 41 | | (k) A defendant is considered to have discharged $150 [$100] |
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44 | 42 | | of fines or costs for each eight hours of community service |
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45 | 43 | | performed under Subsection (f) of this article. |
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46 | 44 | | SECTION 2. Article 45A.251(e), Code of Criminal Procedure, |
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47 | 45 | | is amended to read as follows: |
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48 | 46 | | (e) In addition to credit under Subsection (d), in imposing |
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49 | 47 | | a fine and costs in a case involving a misdemeanor punishable by |
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50 | 48 | | fine only, the justice or judge shall credit the defendant for any |
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51 | 49 | | period the defendant was confined in jail or prison while awaiting |
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52 | 50 | | trial or serving a sentence for another offense if that confinement |
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53 | 51 | | occurred after the commission of the misdemeanor. The credit under |
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54 | 52 | | this subsection shall be applied to the amount of the fine and costs |
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55 | 53 | | at the rate of not less than $150 for each day of confinement. |
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56 | 54 | | SECTION 3. Article 45A.254(e), Code of Criminal Procedure, |
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57 | 55 | | is amended to read as follows: |
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58 | 56 | | (e) A defendant is considered to have discharged not less |
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59 | 57 | | than $150 [$100] of fines or costs for each eight hours of community |
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60 | 58 | | service performed under this article. |
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61 | 59 | | SECTION 4. Article 45A.459(i), Code of Criminal Procedure, |
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62 | 60 | | is amended to read as follows: |
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63 | 61 | | (i) A defendant is considered to have discharged not less |
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64 | 62 | | than $150 [$100] of fines or costs for each eight hours of community |
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65 | 63 | | service performed under this article. |
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66 | 64 | | SECTION 5. Article 45A.460(i), Code of Criminal Procedure, |
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67 | 65 | | is amended to read as follows: |
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68 | 66 | | (i) A defendant is considered to have discharged not less |
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69 | 67 | | than $150 [$100] of fines or costs for each eight hours of community |
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70 | 68 | | service performed under this article. |
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71 | 69 | | SECTION 6. Article 43.09(a), Code of Criminal Procedure, as |
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72 | 70 | | amended by this Act, applies to a defendant who is confined or |
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73 | 71 | | performs labor to discharge fines or costs on or after the effective |
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74 | 72 | | date of this Act, regardless of whether the offense for which the |
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75 | 73 | | fines or costs were imposed occurred before, on, or after the |
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76 | 74 | | effective date of this Act. |
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77 | 75 | | SECTION 7. The changes in law made by this Act to Articles |
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78 | 76 | | 43.09(k), 45A.254(e), 45A.459(i), and 45A.460(i), Code of Criminal |
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79 | 77 | | Procedure, apply to a defendant who performs community service to |
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80 | 78 | | discharge fines or costs on or after the effective date of this Act, |
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81 | 79 | | regardless of whether the offense for which the fines or costs were |
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82 | 80 | | imposed occurred before, on, or after the effective date of this |
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83 | 81 | | Act. |
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84 | 82 | | SECTION 8. Article 45A.251(e), Code of Criminal Procedure, |
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85 | 83 | | as amended by this Act, applies to a defendant who is sentenced for |
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86 | 84 | | an offense on or after the effective date of this Act, regardless of |
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87 | 85 | | whether the offense was committed before, on, or after that date. |
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88 | 86 | | SECTION 9. This Act takes effect September 1, 2025. |
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