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A BILL TO BE ENTITLED
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AN ACT
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relating to the amount of a fine and costs discharged by a defendant |
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while confined in jail or engaged in labor. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 43.09(a), Code of Criminal Procedure, is |
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amended to read as follows: |
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(a) When a defendant is convicted of a misdemeanor and the |
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defendant's punishment is assessed at a pecuniary fine or is |
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confined in a jail after conviction of a felony for which a fine is |
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imposed, if the defendant is unable to pay the fine and costs |
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adjudged against the defendant, the defendant may for such time as |
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will satisfy the judgment be put to work in the county jail |
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industries program, in the workhouse, or on the county farm, or |
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public improvements and maintenance projects of the county or a |
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political subdivision located in whole or in part in the county, as |
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provided in Article 43.10; or if there is no such county jail |
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industries program, workhouse, farm, or improvements and |
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maintenance projects, the defendant shall be confined in jail for a |
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sufficient length of time to discharge the full amount of fine and |
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costs adjudged against the defendant; rating such confinement at |
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$200 [$100] for each day and rating such labor at $200 [$100] for |
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each day; provided, however, that the defendant may pay the |
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pecuniary fine assessed against the defendant at any time while the |
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defendant is serving at work in the county jail industries program, |
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in the workhouse, or on the county farm, or on the public |
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improvements and maintenance projects of the county or a political |
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subdivision located in whole or in part in the county, or while the |
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defendant is serving the defendant's jail sentence, and in such |
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instances the defendant is entitled to the credit earned under this |
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subsection during the time that the defendant has served and the |
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defendant shall only be required to pay the balance of the pecuniary |
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fine assessed against the defendant. A defendant who performs |
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labor under this article during a day in which the defendant is |
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confined is entitled to both the credit for confinement and the |
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credit for labor provided by this article. |
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SECTION 2. Article 45.048, Code of Criminal Procedure, is |
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amended to read as follows: |
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Art. 45.048. DISCHARGED FROM JAIL. (a) A defendant placed |
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in jail on account of failure to pay the fine and costs shall be |
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discharged on habeas corpus by showing that the defendant: |
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(1) is too poor to pay the fine and costs; or |
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(2) has remained in jail a sufficient length of time to |
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satisfy the fine and costs, at the rate of not less than $200 [$150] |
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for each period served, as specified by the convicting court in the |
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judgment in the case. |
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(b) A convicting court may specify a period that is not less |
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than eight hours or more than 24 hours as the period for which a |
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defendant who fails to pay the fine and costs in the case must |
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remain in jail to satisfy $200 [$150] of the fine and costs. |
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SECTION 3. (a) The change in law made by this Act to Article |
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43.09(a), Code of Criminal Procedure, applies only to a defendant |
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convicted of a misdemeanor on or after the effective date of this |
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Act, regardless of whether the misdemeanor was committed before, |
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on, or after the effective date of this Act. |
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(b) The change in law made by this Act to Article 45.048, |
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Code of Criminal Procedure, applies to a defendant who is placed in |
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jail on or after the effective date of this Act for failure to pay |
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the fine and costs imposed on conviction of an offense, regardless |
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of whether the offense for which the defendant was convicted was |
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committed before, on, or after the effective date of this Act. |
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SECTION 4. This Act takes effect September 1, 2023. |