Bill Text: TX HB3030 | 2013-2014 | 83rd Legislature | Introduced

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Bill Title: Relating to alternative means of payment of certain fines.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2013-05-09 - Placed on General State Calendar [HB3030 Detail]

Download: Texas-2013-HB3030-Introduced.html

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By: Fletcher H.B. No. 3030

A BILL TO BE ENTITLED
AN ACT
relating to payment of misdemeanor warrants and capias pro fine
warrants.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 17.20, Code of Criminal Procedure is
amended to read as follows:
Art. 17.20. BAIL IN MISDEMEANOR. In cases of misdemeanor,
the sheriff or other peace officer, or a jailer licensed under
Chapter 1701, Occupations Code, [may] whether during the term of
the court or in vacation, where the officer has a defendant in
custody, may:
(a) take of the defendant a bail bond; or
(b) unless the defendant, after being advised that he or she
may contest the case in court, request deferred adjudication if
qualified, or if indigent, do community service for payment of the
fine, costs and fees, may pay said fine, costs and fees by use of a
valid credit card or valid debit card, whereupon the warrant shall
be withdrawn and the defendant released.
SECTION 2. Art. 45.045, Code of Criminal Procedure is
amended to read as follows:
Art. 45.045. CAPIAS PRO FINE. (a) If the defendant is not
in custody when the judgment is rendered or if the defendant fails
to satisfy the judgment according to its terms, the court may order
a capias pro fine, as defined by Article 43.015, issued for the
defendant's arrest. The capias pro fine shall state the amount of
the judgment and sentence, and command the appropriate peace
officer to bring the defendant before the court immediately or
place the defendant in jail until the business day following the
date of the defendant's arrest if the defendant cannot be brought
before the court immediately, unless the defendant may choose to
pay the fines and court costs set forth in the warrant of arrest and
the warrant fee and other applicable fees by use of a valid credit
card or valid debit card, whereupon the warrant shall be withdrawn
and the defendant released.
(b) A capias pro fine may not be issued for an individual
convicted for an offense committed before the individual's 17th
birthday unless:
(1) the individual is 17 years of age or older;
(2) the court finds that the issuance of the capias pro
fine is justified after considering:
(A) the sophistication and maturity of the
individual;
(B) the criminal record and history of the
individual; and
(C) the reasonable likelihood of bringing about
the discharge of the judgment through the use of procedures and
services currently available to the court; and
(3) the court has proceeded under Article 45.050 to
compel the individual to discharge the judgment.
(c) This article does not limit the authority of a court to
order a child taken into custody under Article 45.058 or 45.059.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2013.