Texas 2025 - 89th Regular

Texas Senate Bill SB55 Compare Versions

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11 89R339 MCF-D
22 By: Zaffirini S.B. No. 55
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77 A BILL TO BE ENTITLED
88 AN ACT
99 relating to credit toward payment of fines and costs for certain
1010 defendants.
1111 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1212 SECTION 1. Articles 43.09(a) and (k), Code of Criminal
1313 Procedure, are amended to read as follows:
1414 (a) When a defendant is convicted of a misdemeanor and the
1515 defendant's punishment is assessed at a pecuniary fine or is
1616 confined in a jail after conviction of a felony for which a fine is
1717 imposed, if the defendant is unable to pay the fine and costs
1818 adjudged against the defendant, the defendant may for such time as
1919 will satisfy the judgment be put to work in the county jail
2020 industries program, in the workhouse, or on the county farm, or
2121 public improvements and maintenance projects of the county or a
2222 political subdivision located in whole or in part in the county, as
2323 provided in Article 43.10; or if there is no such county jail
2424 industries program, workhouse, farm, or improvements and
2525 maintenance projects, the defendant shall be confined in jail for a
2626 sufficient length of time to discharge the full amount of fine and
2727 costs adjudged against the defendant; rating such confinement at
2828 $150 [$100] for each day and rating such labor at $150 [$100] for
2929 each day; provided, however, that the defendant may pay the
3030 pecuniary fine assessed against the defendant at any time while the
3131 defendant is serving at work in the county jail industries program,
3232 in the workhouse, or on the county farm, or on the public
3333 improvements and maintenance projects of the county or a political
3434 subdivision located in whole or in part in the county, or while the
3535 defendant is serving the defendant's jail sentence, and in such
3636 instances the defendant is entitled to the credit earned under this
3737 subsection during the time that the defendant has served and the
3838 defendant shall only be required to pay the balance of the pecuniary
3939 fine assessed against the defendant. A defendant who performs labor
4040 under this article during a day in which the defendant is confined
4141 is entitled to both the credit for confinement and the credit for
4242 labor provided by this article.
4343 (k) A defendant is considered to have discharged $150 [$100]
4444 of fines or costs for each eight hours of community service
4545 performed under Subsection (f) of this article.
4646 SECTION 2. Article 45A.251(e), Code of Criminal Procedure,
4747 is amended to read as follows:
4848 (e) In addition to credit under Subsection (d), in imposing
4949 a fine and costs in a case involving a misdemeanor punishable by
5050 fine only, the justice or judge shall credit the defendant for any
5151 period the defendant was confined in jail or prison while awaiting
5252 trial or serving a sentence for another offense if that confinement
5353 occurred after the commission of the misdemeanor. The credit under
5454 this subsection shall be applied to the amount of the fine and costs
5555 at the rate of not less than $150 for each day of confinement.
5656 SECTION 3. Article 45A.254(e), Code of Criminal Procedure,
5757 is amended to read as follows:
5858 (e) A defendant is considered to have discharged not less
5959 than $150 [$100] of fines or costs for each eight hours of community
6060 service performed under this article.
6161 SECTION 4. Article 45A.459(i), Code of Criminal Procedure,
6262 is amended to read as follows:
6363 (i) A defendant is considered to have discharged not less
6464 than $150 [$100] of fines or costs for each eight hours of community
6565 service performed under this article.
6666 SECTION 5. Article 45A.460(i), Code of Criminal Procedure,
6767 is amended to read as follows:
6868 (i) A defendant is considered to have discharged not less
6969 than $150 [$100] of fines or costs for each eight hours of community
7070 service performed under this article.
7171 SECTION 6. Article 43.09(a), Code of Criminal Procedure, as
7272 amended by this Act, applies to a defendant who is confined or
7373 performs labor to discharge fines or costs on or after the effective
7474 date of this Act, regardless of whether the offense for which the
7575 fines or costs were imposed occurred before, on, or after the
7676 effective date of this Act.
7777 SECTION 7. The changes in law made by this Act to Articles
7878 43.09(k), 45A.254(e), 45A.459(i), and 45A.460(i), Code of Criminal
7979 Procedure, apply to a defendant who performs community service to
8080 discharge fines or costs on or after the effective date of this Act,
8181 regardless of whether the offense for which the fines or costs were
8282 imposed occurred before, on, or after the effective date of this
8383 Act.
8484 SECTION 8. Article 45A.251(e), Code of Criminal Procedure,
8585 as amended by this Act, applies to a defendant who is sentenced for
8686 an offense on or after the effective date of this Act, regardless of
8787 whether the offense was committed before, on, or after that date.
8888 SECTION 9. This Act takes effect September 1, 2025.