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A BILL TO BE ENTITLED
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AN ACT
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relating to the discharge or waiver of fines and costs imposed on |
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indigent defendants. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 42.15(b), Code of Criminal Procedure, is |
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amended to read as follows: |
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(b) Subject to Subsections (c) and (d) and Article 43.09(f), |
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when imposing a fine and costs, a court may direct a defendant: |
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(1) to pay the entire fine and costs when sentence is |
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pronounced; |
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(2) to pay the entire fine and costs at some later |
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date; or |
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(3) to pay a specified portion of the fine and costs at |
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designated intervals. |
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SECTION 2. Article 43.09(f), Code of Criminal Procedure, is |
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amended to read as follows: |
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(f) At sentencing or at any time after sentencing, a [A] |
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court may require a defendant who is unable to pay a fine or costs to |
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discharge all or part of the fine or costs by performing community |
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service. |
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SECTION 3. Article 43.091, Code of Criminal Procedure, is |
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amended to read as follows: |
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Art. 43.091. WAIVER OF PAYMENT OF FINES AND COSTS FOR |
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INDIGENT DEFENDANTS AND CHILDREN. A court may waive payment of a |
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fine or cost imposed on a defendant [who defaults in payment] if the |
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court determines that: |
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(1) the defendant is indigent or was, at the time the |
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offense was committed, a child as defined by Article 45.058(h); and |
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(2) each alternative method of discharging the fine or |
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cost under Article 43.09 or 42.15 would impose an undue hardship on |
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the defendant. |
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SECTION 4. Article 45.041, Code of Criminal Procedure, is |
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amended by amending Subsection (b) and adding Subsection (b-2a) to |
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read as follows: |
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(b) Subject to Subsections (b-2), (b-2a), and (b-3), the |
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justice or judge may direct the defendant: |
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(1) to pay: |
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(A) the entire fine and costs when sentence is |
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pronounced; |
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(B) the entire fine and costs at some later date; |
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or |
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(C) a specified portion of the fine and costs at |
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designated intervals; |
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(2) if applicable, to make restitution to any victim |
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of the offense; and |
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(3) to satisfy any other sanction authorized by law. |
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(b-2a) If in imposing a fine and costs the justice or judge |
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determines that the defendant has insufficient resources or income |
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to pay the fine or costs, the justice or judge may require the |
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defendant to discharge all or part of the fine or costs by |
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performing community service as provided by Article 45.049. |
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SECTION 5. Article 45.0491, Code of Criminal Procedure, is |
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amended to read as follows: |
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Art. 45.0491. WAIVER OF PAYMENT OF FINES AND COSTS FOR |
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INDIGENT DEFENDANTS AND CHILDREN. A municipal court, regardless |
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of whether the court is a court of record, or a justice court may |
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waive payment of a fine or costs imposed on a defendant [who
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defaults in payment] if the court determines that: |
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(1) the defendant is indigent or was, at the time the |
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offense was committed, a child as defined by Article 45.058(h); and |
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(2) discharging the fine and costs under Article |
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45.049 or as otherwise authorized by this chapter would impose an |
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undue hardship on the defendant. |
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SECTION 6. The changes in law made by this Act apply to a |
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sentencing proceeding that commences before, on, or after the |
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effective date of this Act. |
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SECTION 7. This Act takes effect September 1, 2017. |