Bill Text: TX HB351 | 2017-2018 | 85th Legislature | Enrolled

---

Bill Title: Relating to the administrative, civil, and criminal consequences, including fines, fees, and costs, imposed on persons arrested for, charged with, or convicted of certain criminal offenses and to the creation of a commission to review certain penal laws of this state; increasing a criminal penalty.

Spectrum: Bipartisan Bill

Status: (Passed) 2017-06-15 - Effective on 9/1/17 [HB351 Detail]

Download: Texas-2017-HB351-Enrolled.html

---

H.B. No. 351

AN ACT
relating to the administrative, civil, and criminal consequences,
including fines, fees, and costs, imposed on persons arrested for,
charged with, or convicted of certain criminal offenses and to the
creation of a commission to review certain penal laws of this state;
increasing a criminal penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 14.06(b), Code of Criminal Procedure, is
amended to read as follows:
(b) A peace officer who is charging a person, including a
child, with committing an offense that is a Class C misdemeanor,
other than an offense under Section 49.02, Penal Code, may, instead
of taking the person before a magistrate, issue a citation to the
person that contains:
(1) written notice of the time and place the person
must appear before a magistrate;
(2) [,] the name and address of the person charged;
(3) [,] the offense charged;
(4) information regarding the alternatives to the full
payment of any fine or costs assessed against the person, if the
person is convicted of the offense and is unable to pay that
amount;[,] and
(5) the following admonishment, in boldfaced or
underlined type or in capital letters:
"If you are convicted of a misdemeanor offense involving
violence where you are or were a spouse, intimate partner, parent,
or guardian of the victim or are or were involved in another,
similar relationship with the victim, it may be unlawful for you to
possess or purchase a firearm, including a handgun or long gun, or
ammunition, pursuant to federal law under 18 U.S.C. Section
922(g)(9) or Section 46.04(b), Texas Penal Code. If you have any
questions whether these laws make it illegal for you to possess or
purchase a firearm, you should consult an attorney."
SECTION 2. Section 4(a), Article 17.42, Code of Criminal
Procedure, is amended to read as follows:
(a) Except as otherwise provided by this subsection, if [If]
a court releases an accused on personal bond on the recommendation
of a personal bond office, the court shall assess a personal bond
fee of $20 or three percent of the amount of the bail fixed for the
accused, whichever is greater. The court may waive the fee or
assess a lesser fee if good cause is shown. A court that requires a
defendant to give a personal bond under Article 45.016 may not
assess a personal bond fee under this subsection.
SECTION 3. Article 27.14(b), Code of Criminal Procedure, is
amended to read as follows:
(b) A defendant charged with a misdemeanor for which the
maximum possible punishment is by fine only may, in lieu of the
method provided in Subsection (a) [of this article], mail or
deliver in person to the court a plea of "guilty" or a plea of "nolo
contendere" and a waiver of jury trial. The defendant may also
request in writing that the court notify the defendant, at the
address stated in the request, of the amount of an appeal bond that
the court will approve. If the court receives a plea and waiver
before the time the defendant is scheduled to appear in court, the
court shall dispose of the case without requiring a court
appearance by the defendant. If the court receives a plea and
waiver after the time the defendant is scheduled to appear in court
but at least five business days before a scheduled trial date, the
court shall dispose of the case without requiring a court
appearance by the defendant. The court shall notify the defendant
either in person or by regular [certified] mail[, return receipt
requested,] of the amount of any fine or costs assessed in the case,
information regarding the alternatives to the full payment of any
fine or costs assessed against the defendant, if the defendant is
unable to pay that amount, and, if requested by the defendant, the
amount of an appeal bond that the court will approve. Except as
otherwise provided by this code, the [The] defendant shall pay any
fine or costs assessed or give an appeal bond in the amount stated
in the notice before the 31st day after receiving the notice.
SECTION 4. Article 42.15, Code of Criminal Procedure, is
amended by adding Subsection (a-1) and amending Subsection (b) to
read as follows:
(a-1) Notwithstanding any other provision of this article,
during or immediately after imposing a sentence in a case in which
the defendant entered a plea in open court as provided by Article
27.13, 27.14(a), or 27.16(a), a court shall inquire whether the
defendant has sufficient resources or income to immediately pay all
or part of the fine and costs. If the court determines that the
defendant does not have sufficient resources or income to
immediately pay all or part of the fine and costs, the court shall
determine whether the fine and costs should be:
(1) required to be paid at some later date or in a
specified portion at designated intervals;
(2) discharged by performing community service under,
as applicable, Article 43.09(f), Article 45.049, Article 45.0492,
as added by Chapter 227 (H.B. 350), Acts of the 82nd Legislature,
Regular Session, 2011, or Article 45.0492, as added by Chapter 777
(H.B. 1964), Acts of the 82nd Legislature, Regular Session, 2011;
(3) waived in full or in part under Article 43.091 or
45.0491; or
(4) satisfied through any combination of methods under
Subdivisions (1)-(3).
(b) Subject to Subsections (c) and (d) and Article 43.091,
when imposing a fine and costs, a court may direct a defendant:
(1) to pay the entire fine and costs when sentence is
pronounced;
(2) to pay the entire fine and costs at some later
date; or
(3) to pay a specified portion of the fine and costs at
designated intervals.
SECTION 5. (a) Article 42A.602(a), Code of Criminal
Procedure, is amended to read as follows:
(a) If a judge requires as a condition of community
supervision or participation in a pretrial intervention program
operated under Section 76.011, Government Code, or a drug court
program established under Chapter 123, Government Code, or former
law that the defendant serve a term of confinement in a community
corrections facility, the term may not exceed 24 months.
(b) Article 42A.604(a), Code of Criminal Procedure, is
amended to read as follows:
(a) As directed by the judge, the community corrections
facility director shall file with the community supervision and
corrections department director or administrator of a drug court
program, as applicable, a copy of an evaluation made by the facility
director of the defendant's behavior and attitude at the facility.
The community supervision and corrections department director or
program administrator shall examine the evaluation, make written
comments on the evaluation that the director or administrator
considers relevant, and file the evaluation and comments with the
judge who granted community supervision to the defendant or placed
the defendant in a pretrial intervention program or drug court
program. If the evaluation indicates that the defendant has made
significant progress toward compliance with court-ordered
conditions of community supervision or objectives of placement in
the [drug court] program, as applicable, the judge may release the
defendant from the community corrections facility. A defendant who
served a term in the facility as a condition of community
supervision shall serve the remainder of the defendant's community
supervision under any terms and conditions the court imposes under
this chapter.
(c) Section 509.001(1), Government Code, is amended to read
as follows:
(1) "Community corrections facility" means a physical
structure, established by the judges described by Section 76.002
after authorization of the establishment of the structure has been
included in a department's strategic plan, that is operated by the
department or operated for the department by an entity under
contract with the department, for the purpose of treating persons
who have been placed on community supervision or who are
participating in a pretrial intervention program operated under
Section 76.011 or a drug court program established under Chapter
123 or former law and providing services and programs to modify
criminal behavior, deter criminal activity, protect the public, and
restore victims of crime. The term includes:
(A) a restitution center;
(B) a court residential treatment facility;
(C) a substance abuse treatment facility;
(D) a custody facility or boot camp;
(E) a facility for an offender with a mental
impairment, as defined by Section 614.001, Health and Safety Code;
and
(F) an intermediate sanction facility.
(d) The change in law made by this section applies only to a
person placed in a pretrial intervention program operated under
Section 76.011, Government Code, for an offense committed on or
after the effective date of this Act. A person placed in a pretrial
intervention program operated under Section 76.011, Government
Code, for an offense committed before the effective date of this Act
is governed by the law in effect on the date the offense was
committed, and the former law is continued in effect for that
purpose. For purposes of this subsection, an offense was committed
before the effective date of this Act if any element of the offense
was committed before that date.
SECTION 6. Article 43.05, Code of Criminal Procedure, is
amended by adding Subsections (a-1) and (a-2) to read as follows:
(a-1) Before a court may issue a capias pro fine for the
defendant's failure to satisfy the judgment according to its terms:
(1) the court must provide by regular mail to the
defendant notice that includes:
(A) a statement that the defendant has failed to
satisfy the judgment according to its terms; and
(B) a date and time when the court will hold a
hearing on the defendant's failure to satisfy the judgment
according to its terms; and
(2) either:
(A) the defendant fails to appear at the hearing;
or
(B) based on evidence presented at the hearing,
the court determines that the capias pro fine should be issued.
(a-2) The court shall recall a capias pro fine if, before
the capias pro fine is executed:
(1) the defendant voluntarily appears to resolve the
amount owed; and
(2) the amount owed is resolved in any manner
authorized by this code.
SECTION 7. Article 43.09, Code of Criminal Procedure, is
amended by amending Subsections (a), (g), (h), (j), and (l) and
adding Subsection (h-1) to read as follows:
(a) When a defendant is convicted of a misdemeanor and the
defendant's [his] punishment is assessed at a pecuniary fine or is
confined in a jail after conviction of a felony for which a fine is
imposed, if the defendant [he] is unable to pay the fine and costs
adjudged against the defendant [him], the defendant [he] may for
such time as will satisfy the judgment be put to work in the county
jail industries program, in the workhouse, or on the county farm, or
public improvements and maintenance projects of the county or a
political subdivision located in whole or in part in the county, as
provided in Article 43.10 [the succeeding article]; or if there is
[be] no such county jail industries program, workhouse, farm, or
improvements and maintenance projects, the defendant [he] shall be
confined in jail for a sufficient length of time to discharge the
full amount of fine and costs adjudged against the defendant [him];
rating such confinement at $100 [$50] for each day and rating such
labor at $100 [$50] for each day; provided, however, that the
defendant may pay the pecuniary fine assessed against the defendant
[him] at any time while the defendant [he] is serving at work in the
county jail industries program, in the workhouse, or on the county
farm, or on the public improvements and maintenance projects of the
county or a political subdivision located in whole or in part in the
county, or while the defendant [he] is serving the defendant's
[his] jail sentence, and in such instances the defendant is [he
shall be] entitled to the credit [he has] earned under this
subsection during the time that the defendant [he] has served and
the defendant [he] shall only be required to pay the [his] balance
of the pecuniary fine assessed against the defendant [him]. A
defendant who performs labor under this article during a day in
which the defendant [he] is confined is entitled to both the credit
for confinement and the credit for labor provided by this article.
(g) In the court's [its] order requiring a defendant to
perform [participate in] community service [work] under Subsection
(f) [of this article], the court must specify:
(1) the number of hours of community service the
defendant is required to perform [work]; [and]
(2) whether the community supervision and corrections
department or a court-related services office will perform the
administrative duties required by the placement of the defendant in
the community service program; and
(3) the date by which the defendant must submit to the
court documentation verifying the defendant's completion of the
community service.
(h) The court may order the defendant to perform community
service [work] under Subsection (f):
(1) by attending:
(A) a work and job skills training program;
(B) a preparatory class for the high school
equivalency examination administered under Section 7.111,
Education Code;
(C) an alcohol or drug abuse program;
(D) a rehabilitation program;
(E) a counseling program, including a
self-improvement program;
(F) a mentoring program; or
(G) any similar activity; or
(2) [of this article only] for:
(A) a governmental entity;
(B) [or] a nonprofit organization or another
organization that provides services to the general public that
enhance social welfare and the general well-being of the community,
as determined by the court; or
(C) an educational institution.
(h-1) An [A governmental] entity [or nonprofit
organization] that accepts a defendant under Subsection (f) [of
this article] to perform community service must agree to supervise,
either on-site or remotely, the defendant in the performance of the
defendant's community service [work] and report on the defendant's
community service [work] to the district probation department or
court-related services office.
(j) A court may not order a defendant to perform more than 16
hours per week of community service under Subsection (f) [of this
article] unless the court determines that requiring the defendant
to perform [work] additional hours does not impose an undue [work a]
hardship on the defendant or the defendant's dependents.
(l) A sheriff, employee of a sheriff's department, county
commissioner, county employee, county judge, an employee of a
community corrections and supervision department, restitution
center, or officer or employee of a political subdivision other
than a county or an entity that accepts a defendant under this
article to perform community service is not liable for damages
arising from an act or failure to act in connection with manual
labor performed by an inmate or community service performed by a
defendant under [pursuant to] this article if the act or failure to
act:
(1) was performed pursuant to confinement or other
court order; and
(2) was not intentional, wilfully or wantonly
negligent, or performed with conscious indifference or reckless
disregard for the safety of others.
SECTION 8. Article 43.091, Code of Criminal Procedure, is
amended to read as follows:
Art. 43.091. WAIVER OF PAYMENT OF FINES AND COSTS FOR
CERTAIN [INDIGENT] DEFENDANTS AND FOR CHILDREN. A court may waive
payment of all or part of a fine or costs [cost] imposed on a
defendant [who defaults in payment] if the court determines that:
(1) the defendant is indigent or does not have
sufficient resources or income to pay all or part of the fine or
costs or was, at the time the offense was committed, a child as
defined by Article 45.058(h); and
(2) each alternative method of discharging the fine or
cost under Article 43.09 or 42.15 would impose an undue hardship on
the defendant.
SECTION 9. Article 45.014, Code of Criminal Procedure, is
amended by adding Subsections (e), (f), and (g) to read as follows:
(e) A justice or judge may not issue an arrest warrant for
the defendant's failure to appear at the initial court setting,
including failure to appear as required by a citation issued under
Article 14.06(b), unless:
(1) the justice or judge provides by telephone or
regular mail to the defendant notice that includes:
(A) a date and time when the defendant must
appear before the justice or judge;
(B) the name and address of the court with
jurisdiction in the case;
(C) information regarding alternatives to the
full payment of any fine or costs owed by the defendant, if the
defendant is unable to pay that amount; and
(D) an explanation of the consequences if the
defendant fails to appear before the justice or judge as required by
this article; and
(2) the defendant fails to appear before the justice
or judge as required by this article.
(f) A defendant who receives notice under Subsection (e) may
request an alternative date or time to appear before the justice or
judge if the defendant is unable to appear on the date and time
included in the notice.
(g) A justice or judge shall recall an arrest warrant for
the defendant's failure to appear if, before the arrest warrant is
executed:
(1) the defendant voluntarily appears to resolve the
arrest warrant; and
(2) the arrest warrant is resolved in any manner
authorized by this code.
SECTION 10. Article 45.016, Code of Criminal Procedure, is
amended to read as follows:
Art. 45.016. PERSONAL BOND; BAIL BOND. (a) The justice or
judge may require the defendant to give a personal bond [bail] to
secure the defendant's appearance in accordance with this code.
(b) The justice or judge may not, either instead of or in
addition to the personal bond, require a defendant to give a bail
bond unless:
(1) the defendant fails to appear in accordance with
this code with respect to the applicable offense; and
(2) the justice or judge determines that:
(A) the defendant has sufficient resources or
income to give a bail bond; and
(B) a bail bond is necessary to secure the
defendant's appearance in accordance with this code.
(c) If a defendant required to give a bail bond under
Subsection (b) remains in custody, without giving the bond, for
more than 48 hours after the issuance of the applicable order, the
justice or judge shall reconsider the requirement for the defendant
to give the bond.
(d) If the defendant refuses to give a personal bond or,
except as provided by Subsection (c), refuses or otherwise fails to
give a bail bond, the defendant may be held in custody.
SECTION 11. Article 45.041, Code of Criminal Procedure, is
amended by adding Subsection (a-1) and amending Subsection (b) to
read as follows:
(a-1) Notwithstanding any other provision of this article,
during or immediately after imposing a sentence in a case in which
the defendant entered a plea in open court as provided by Article
27.14(a) or 27.16(a), the justice or judge shall inquire whether
the defendant has sufficient resources or income to immediately pay
all or part of the fine and costs. If the justice or judge
determines that the defendant does not have sufficient resources or
income to immediately pay all or part of the fine and costs, the
justice or judge shall determine whether the fine and costs should
be:
(1) required to be paid at some later date or in a
specified portion at designated intervals;
(2) discharged by performing community service under,
as applicable, Article 45.049, Article 45.0492, as added by Chapter
227 (H.B. 350), Acts of the 82nd Legislature, Regular Session,
2011, or Article 45.0492, as added by Chapter 777 (H.B. 1964), Acts
of the 82nd Legislature, Regular Session, 2011;
(3) waived in full or in part under Article 45.0491; or
(4) satisfied through any combination of methods under
Subdivisions (1)-(3).
(b) Subject to Subsections (b-2) and (b-3) and Article
45.0491, the justice or judge may direct the defendant:
(1) to pay:
(A) the entire fine and costs when sentence is
pronounced;
(B) the entire fine and costs at some later date;
or
(C) a specified portion of the fine and costs at
designated intervals;
(2) if applicable, to make restitution to any victim
of the offense; and
(3) to satisfy any other sanction authorized by law.
SECTION 12. Article 45.0425(a), Code of Criminal Procedure,
is amended to read as follows:
(a) If the court from whose judgment and sentence the appeal
is taken is in session, the court must approve the bail. The amount
of an appeal [a bail] bond may not be less than two times the amount
of the fine and costs adjudged against the defendant, payable to the
State of Texas. The appeal bond [bail] may not in any case be for an
amount [a sum] less than $50. If the appeal bond otherwise meets
the requirements of this code, the court without requiring a court
appearance by the defendant shall approve the appeal bond in the
amount the court under Article 27.14(b) notified the defendant
would be approved.
SECTION 13. Article 45.045, Code of Criminal Procedure, is
amended by adding Subsections (a-2) and (a-3) to read as follows:
(a-2) Before a court may issue a capias pro fine for the
defendant's failure to satisfy the judgment according to its terms:
(1) the court must provide by regular mail to the
defendant notice that includes:
(A) a statement that the defendant has failed to
satisfy the judgment according to its terms; and
(B) a date and time when the court will hold a
hearing on the defendant's failure to satisfy the judgment
according to its terms; and
(2) either:
(A) the defendant fails to appear at the hearing;
or
(B) based on evidence presented at the hearing,
the court determines that the capias pro fine should be issued.
(a-3) The court shall recall a capias pro fine if, before
the capias pro fine is executed:
(1) the defendant voluntarily appears to resolve the
amount owed; and
(2) the amount owed is resolved in any manner
authorized by this chapter.
SECTION 14. Article 45.046(a), Code of Criminal Procedure,
is amended to read as follows:
(a) When a judgment and sentence have been entered against a
defendant and the defendant defaults in the discharge of the
judgment, the judge may order the defendant confined in jail until
discharged by law if the judge at a hearing makes a written
determination that:
(1) the defendant is not indigent and has failed to
make a good faith effort to discharge the fine or [and] costs; or
(2) the defendant is indigent and:
(A) has failed to make a good faith effort to
discharge the fine or [fines and] costs under Article 45.049; and
(B) could have discharged the fine or [fines and]
costs under Article 45.049 without experiencing any undue hardship.
SECTION 15. Article 45.048, Code of Criminal Procedure, is
amended to read as follows:
Art. 45.048. DISCHARGED FROM JAIL. (a) A defendant placed
in jail on account of failure to pay the fine and costs shall be
discharged on habeas corpus by showing that the defendant:
(1) is too poor to pay the fine and costs; or
(2) has remained in jail a sufficient length of time to
satisfy the fine and costs, at the rate of not less than $100 [$50]
for each period [of time] served, as specified by the convicting
court in the judgment in the case.
(b) A convicting court may specify a period [of time] that
is not less than eight hours or more than 24 hours as the period for
which a defendant who fails to pay the fine [fines] and costs in the
case must remain in jail to satisfy $100 [$50] of the fine and
costs.
SECTION 16. Article 45.049, Code of Criminal Procedure, is
amended by amending Subsections (b), (c), (d), (e), (f), and (g) and
adding Subsection (c-1) to read as follows:
(b) In the justice's or judge's order requiring a defendant
to perform [participate in] community service [work] under this
article, the justice or judge must specify:
(1) the number of hours of community service the
defendant is required to perform; and
(2) the date by which the defendant must submit to the
court documentation verifying the defendant's completion of the
community service [work].
(c) The justice or judge may order the defendant to perform
community service [work] under this article:
(1) by attending:
(A) a work and job skills training program;
(B) a preparatory class for the high school
equivalency examination administered under Section 7.111,
Education Code;
(C) an alcohol or drug abuse program;
(D) a rehabilitation program;
(E) a counseling program, including a
self-improvement program;
(F) a mentoring program; or
(G) any similar activity; or
(2) [only] for:
(A) a governmental entity;
(B) [or] a nonprofit organization or another
organization that provides services to the general public that
enhance social welfare and the general well-being of the community,
as determined by the justice or judge; or
(C) an educational institution.
(c-1) An [A governmental] entity [or nonprofit
organization] that accepts a defendant under this article to
perform community service must agree to supervise, either on-site
or remotely, the defendant in the performance of the defendant's
community service [work] and report on the defendant's community
service [work] to the justice or judge who ordered the [community]
service.
(d) A justice or judge may not order a defendant to perform
more than 16 hours per week of community service under this article
unless the justice or judge determines that requiring the defendant
to perform [work] additional hours does not impose an undue [work a]
hardship on the defendant or the defendant's dependents.
(e) A defendant is considered to have discharged not less
than $100 [$50] of fines or costs for each eight hours of community
service performed under this article.
(f) A sheriff, employee of a sheriff's department, county
commissioner, county employee, county judge, justice of the peace,
municipal court judge, or officer or employee of a political
subdivision other than a county or an entity that accepts a
defendant under this article to perform community service is not
liable for damages arising from an act or failure to act in
connection with community service [manual labor] performed by a
defendant under this article if the act or failure to act:
(1) was performed pursuant to court order; and
(2) was not intentional, wilfully or wantonly
negligent, or performed with conscious indifference or reckless
disregard for the safety of others.
(g) This subsection applies only to a defendant who is
charged with a traffic offense or an offense under Section 106.05,
Alcoholic Beverage Code, and is a resident of this state. If under
Article 45.051(b)(10), Code of Criminal Procedure, the judge
requires the defendant to perform community service as a condition
of the deferral, the defendant is entitled to elect whether to
perform the required [governmental entity or nonprofit
organization community] service in:
(1) the county in which the court is located; or
(2) the county in which the defendant resides, but
only if the applicable entity [or organization] agrees to:
(A) supervise, either on-site or remotely, the
defendant in the performance of the defendant's community service
[work]; and
(B) report to the court on the defendant's
community service [work].
SECTION 17. Article 45.0491, Code of Criminal Procedure, is
amended to read as follows:
Art. 45.0491. WAIVER OF PAYMENT OF FINES AND COSTS FOR
CERTAIN [INDIGENT] DEFENDANTS AND FOR CHILDREN. A municipal court,
regardless of whether the court is a court of record, or a justice
court may waive payment of all or part of a fine or costs imposed on
a defendant [who defaults in payment] if the court determines that:
(1) the defendant is indigent or does not have
sufficient resources or income to pay all or part of the fine or
costs or was, at the time the offense was committed, a child as
defined by Article 45.058(h); and
(2) discharging the fine or [and] costs under Article
45.049 or as otherwise authorized by this chapter would impose an
undue hardship on the defendant.
SECTION 18. The heading to Article 45.0492, Code of
Criminal Procedure, as added by Chapter 227 (H.B. 350), Acts of the
82nd Legislature, Regular Session, 2011, is amended to read as
follows:
Art. 45.0492. COMMUNITY SERVICE [OR TUTORING] IN
SATISFACTION OF FINE OR COSTS FOR CERTAIN JUVENILE DEFENDANTS.
SECTION 19. Article 45.0492, Code of Criminal Procedure, as
added by Chapter 227 (H.B. 350), Acts of the 82nd Legislature,
Regular Session, 2011, is amended by amending Subsections (b), (c),
(d), (f), (g), and (h) and adding Subsection (d-1) to read as
follows:
(b) A justice or judge may require a defendant described by
Subsection (a) to discharge all or part of the fine or costs by
performing community service [or attending a tutoring program that
is satisfactory to the court]. A defendant may discharge an
obligation to perform community service [or attend a tutoring
program] under this article by paying at any time the fine and costs
assessed.
(c) In the justice's or judge's order requiring a defendant
to perform [participate in] community service [work or a tutoring
program] under this article, the justice or judge must specify:
(1) the number of hours of community service the
defendant is required to perform; and
(2) the date by which the defendant must submit to the
court documentation verifying the defendant's completion of the
community service [work or attend tutoring].
(d) The justice or judge may order the defendant to perform
community service [work] under this article:
(1) by attending:
(A) a work and job skills training program;
(B) a preparatory class for the high school
equivalency examination administered under Section 7.111,
Education Code;
(C) an alcohol or drug abuse program;
(D) a rehabilitation program;
(E) a counseling program, including a
self-improvement program;
(F) a mentoring program;
(G) a tutoring program; or
(H) any similar activity; or
(2) [only] for:
(A) a governmental entity;
(B) [or] a nonprofit organization or another
organization that provides services to the general public that
enhance social welfare and the general well-being of the community,
as determined by the justice or judge; or
(C) an educational institution.
(d-1) An [A governmental] entity [or nonprofit
organization] that accepts a defendant under this article to
perform community service must agree to supervise, either on-site
or remotely, the defendant in the performance of the defendant's
community service [work] and report on the defendant's community
service [work] to the justice or judge who ordered the [community]
service.
(f) A justice or judge may not order a defendant to perform
more than 16 hours of community service per week [or attend more
than 16 hours of tutoring per week] under this article unless the
justice or judge determines that requiring the defendant to perform
additional hours [of work or tutoring] does not impose an undue
[cause a] hardship on the defendant or the defendant's family. For
purposes of this subsection, "family" has the meaning assigned by
Section 71.003, Family Code.
(g) A defendant is considered to have discharged not less
than $100 [$50] of fines or costs for each eight hours of community
service performed [or tutoring program attended] under this
article.
(h) A sheriff, employee of a sheriff's department, county
commissioner, county employee, county judge, justice of the peace,
municipal court judge, or officer or employee of a political
subdivision other than a county or an entity that accepts a
defendant under this article to perform community service[,
nonprofit organization, or tutoring program] is not liable for
damages arising from an act or failure to act in connection with
community service [an activity] performed by a defendant under this
article if the act or failure to act:
(1) was performed pursuant to court order; and
(2) was not intentional, grossly negligent, or
performed with conscious indifference or reckless disregard for the
safety of others.
SECTION 20. Article 45.0492, Code of Criminal Procedure, as
added by Chapter 777 (H.B. 1964), Acts of the 82nd Legislature,
Regular Session, 2011, is amended by amending Subsections (c), (d),
(e), and (f) and adding Subsections (d-1) and (h) to read as
follows:
(c) In the justice's or judge's order requiring a defendant
to perform community service under this article, the justice or
judge shall specify:
(1) the number of hours of community service the
defendant is required to perform, [and may] not to exceed [order
more than] 200 hours; and
(2) the date by which the defendant must submit to the
court documentation verifying the defendant's completion of the
community service.
(d) The justice or judge may order the defendant to perform
community service [work] under this article:
(1) by attending:
(A) a work and job skills training program;
(B) a preparatory class for the high school
equivalency examination administered under Section 7.111,
Education Code;
(C) an alcohol or drug abuse program;
(D) a rehabilitation program;
(E) a counseling program, including a
self-improvement program;
(F) a mentoring program; or
(G) any similar activity; or
(2) [only] for:
(A) a governmental entity;
(B) [or] a nonprofit organization or another
organization that provides services to the general public that
enhance social welfare and the general well-being of the community,
as determined by the justice or judge; or
(C) an educational institution.
(d-1) An [A governmental] entity [or nonprofit
organization] that accepts a defendant under this article to
perform community service must agree to supervise, either on-site
or remotely, the defendant in the performance of the defendant's
community service [work] and report on the defendant's community
service [work] to the justice or judge who ordered the [community]
service.
(e) A justice or judge may not order a defendant to perform
more than 16 hours of community service per week under this article
unless the justice or judge determines that requiring the defendant
to perform additional hours [of work] does not impose an undue
[cause a] hardship on the defendant or the defendant's family. For
purposes of this subsection, "family" has the meaning assigned by
Section 71.003, Family Code.
(f) A sheriff, employee of a sheriff's department, county
commissioner, county employee, county judge, justice of the peace,
municipal court judge, or officer or employee of a political
subdivision other than a county or an entity that accepts a
defendant under this article to perform community service is not
liable for damages arising from an act or failure to act in
connection with community service performed by a defendant under
this article if the act or failure to act:
(1) was performed pursuant to court order; and
(2) was not intentional, wilfully or wantonly
negligent, or performed with conscious indifference or reckless
disregard for the safety of others.
(h) A defendant is considered to have discharged not less
than $100 of fines or costs for each eight hours of community
service performed under this article.
SECTION 21. Article 45.051(a), Code of Criminal Procedure,
is amended to read as follows:
(a) On a plea of guilty or nolo contendere by a defendant or
on a finding of guilt in a misdemeanor case punishable by fine only
and payment of all court costs, the judge may defer further
proceedings without entering an adjudication of guilt and place the
defendant on probation for a period not to exceed 180 days. In
issuing the order of deferral, the judge may impose a special
expense fee on the defendant in an amount not to exceed the amount
of the fine that could be imposed on the defendant as punishment for
the offense. The special expense fee may be collected at any time
before the date on which the period of probation ends. The judge
may elect not to impose the special expense fee for good cause shown
by the defendant. If the judge orders the collection of a special
expense fee, the judge shall require that the amount of the special
expense fee be credited toward the payment of the amount of the fine
imposed by the judge. An order of deferral under this subsection
terminates any liability under a [bail bond or an appearance] bond
given for the charge.
SECTION 22. Article 45.0511(t), Code of Criminal Procedure,
is amended to read as follows:
(t) An order of deferral under Subsection (c) terminates any
liability under a [bail bond or appearance] bond given for the
charge.
SECTION 23. Article 102.0071, Code of Criminal Procedure,
is amended to read as follows:
Art. 102.0071. JUSTICE COURT DISHONORED CHECK OR SIMILAR
SIGHT ORDER. On conviction in justice court of an offense under
Section 32.41, Penal Code, or an offense under Section 31.03, [or]
31.04, or 32.21, Penal Code, in which it is shown that the defendant
committed the offense by issuing, [or] passing, or forging a check
or similar sight order, as defined by Section 1.07, Penal Code, that
was subsequently dishonored, the court may collect from the
defendant and pay to the holder of the check or order the fee
permitted by Section 3.506, Business & Commerce Code.
SECTION 24. Article 103.0031(j), Code of Criminal
Procedure, is amended to read as follows:
(j) A communication to the accused person regarding the
amount of payment that is acceptable to the court under the court's
standard policy for resolution of a case must include:
(1) a notice of the person's right to enter a plea or go
to trial on any offense charged; and
(2) a statement that, if the person is unable to pay
the full amount of payment that is acceptable to the court, the
person should contact the court regarding the alternatives to full
payment that are available to resolve the case.
SECTION 25. Section 32.21, Penal Code, is amended by
amending Subsections (d), (e), and (e-1) and adding Subsections
(e-2) and (g) to read as follows:
(d) Subject to Subsection (e-1), an [An] offense under this
section is a state jail felony if the writing is or purports to be a
will, codicil, deed, deed of trust, mortgage, security instrument,
security agreement, credit card, check, authorization to debit an
account at a financial institution, or similar sight order for
payment of money, contract, release, or other commercial
instrument.
(e) Subject to Subsection (e-1), an [An] offense under this
section is a felony of the third degree if the writing is or
purports to be:
(1) part of an issue of money, securities, postage or
revenue stamps;
(2) a government record listed in Section 37.01(2)(C);
or
(3) other instruments issued by a state or national
government or by a subdivision of either, or part of an issue of
stock, bonds, or other instruments representing interests in or
claims against another person.
(e-1) If it is shown on the trial of an offense under this
section that the actor engaged in the conduct to obtain or attempt
to obtain a property or service, an offense under this section is:
(1) a Class C misdemeanor if the value of the property
or service is less than $100;
(2) a Class B misdemeanor if the value of the property
or service is $100 or more but less than $750;
(3) a Class A misdemeanor if the value of the property
or service is $750 or more but less than $2,500;
(4) a state jail felony if the value of the property or
service is $2,500 or more but less than $30,000;
(5) a felony of the third degree if the value of the
property or service is $30,000 or more but less than $150,000;
(6) a felony of the second degree if the value of the
property or service is $150,000 or more but less than $300,000; and
(7) a felony of the first degree if the value of the
property or service is $300,000 or more.
(e-2) Notwithstanding any other provision of this section,
an [An] offense under this section, other than an offense described
for purposes of punishment by Subsection (e-1)(7), is increased to
the next higher category of offense if it is shown on the trial of
the offense that the offense was committed against an elderly
individual as defined by Section 22.04.
(g) If conduct that constitutes an offense under this
section also constitutes an offense under any other law, the actor
may be prosecuted under this section or the other law.
SECTION 26. Section 502.010, Transportation Code, is
amended by amending Subsections (a) and (c) and adding Subsections
(b-1), (i), and (j) to read as follows:
(a) Except as otherwise provided by this section, a [A]
county assessor-collector or the department may refuse to register
a motor vehicle if the assessor-collector or the department
receives information that the owner of the vehicle:
(1) owes the county money for a fine, fee, or tax that
is past due; or
(2) failed to appear in connection with a complaint,
citation, information, or indictment in a court in the county in
which a criminal proceeding is pending against the owner.
(b-1) Information that is provided to make a determination
under Subsection (a)(1) and that concerns the past due status of a
fine or fee imposed for a criminal offense and owed to the county
expires on the second anniversary of the date the information was
provided and may not be used to refuse registration after that date.
Once information about a past due fine or fee is provided under
Subsection (b), subsequent information about other fines or fees
that are imposed for a criminal offense and that become past due
before the second anniversary of the date the initial information
was provided may not be used, either before or after the second
anniversary of that date, to refuse registration under this section
unless the motor vehicle is no longer subject to refusal of
registration because of notice received under Subsection (c).
(c) A county that has a contract under Subsection (b) shall
notify the department regarding a person for whom the county
assessor-collector or the department has refused to register a
motor vehicle on:
(1) the person's payment or other means of discharge,
including a waiver, of the past due fine, fee, or tax; or
(2) perfection of an appeal of the case contesting
payment of the fine, fee, or tax.
(i) A municipal court judge or justice of the peace who has
jurisdiction over the underlying offense may waive an additional
fee imposed under Subsection (f) if the judge or justice makes a
finding that the defendant is economically unable to pay the fee or
that good cause exists for the waiver.
(j) If a county assessor-collector is notified that the
court having jurisdiction over the underlying offense has waived
the past due fine or fee due to the defendant's indigency, the
county may not impose an additional fee on the defendant under
Subsection (f).
SECTION 27. Section 502.010(f), Transportation Code, as
amended by Chapters 1094 (S.B. 1386) and 1296 (H.B. 2357), Acts of
the 82nd Legislature, Regular Session, 2011, is reenacted and
amended to read as follows:
(f) Except as otherwise provided by this section, a [A]
county that has a contract under Subsection (b) may impose an
additional fee of $20 to:
(1) a person who fails to pay a fine, fee, or tax to the
county by the date on which the fine, fee, or tax is due; or
(2) a person who fails to appear in connection with a
complaint, citation, information, or indictment in a court in which
a criminal proceeding is pending against the owner. [The
additional fee may be used only to reimburse the department or the
county for its expenses for providing services under the contract.]
SECTION 28. Section 706.005, Transportation Code, is
amended to read as follows:
Sec. 706.005. CLEARANCE NOTICE TO DEPARTMENT. (a) A
political subdivision shall immediately notify the department that
there is no cause to continue to deny renewal of a person's driver's
license based on the person's previous failure to appear or failure
to pay or satisfy a judgment ordering the payment of a fine and cost
in the manner ordered by the court in a matter involving an offense
described by Section 706.002(a), on payment of a fee as provided by
Section 706.006 and:
(1) the perfection of an appeal of the case for which
the warrant of arrest was issued or judgment arose;
(2) the dismissal of the charge for which the warrant
of arrest was issued or judgment arose, other than a dismissal with
prejudice by motion of the appropriate prosecuting attorney for
lack of evidence;
(3) the posting of bond or the giving of other security
to reinstate the charge for which the warrant was issued;
(4) the payment or discharge of the fine and cost owed
on an outstanding judgment of the court; or
(5) other suitable arrangement to pay the fine and
cost within the court's discretion.
(b) The department may not continue to deny the renewal of
the person's driver's license under this chapter after the
department receives notice:
(1) under Subsection (a);
(2) that the person was acquitted of the charge on
which the person failed to appear;
(3) that the charge on which the person failed to
appear was dismissed with prejudice by motion of the appropriate
prosecuting attorney for lack of evidence; or
(4) [(3)] from the political subdivision that the
failure to appear report or court order to pay a fine or cost
relating to the person:
(A) was sent to the department in error; or
(B) has been destroyed in accordance with the
political subdivision's records retention policy.
SECTION 29. Section 706.006, Transportation Code, is
amended by amending Subsections (a) and (b) and adding Subsections
(a-1) and (d) to read as follows:
(a) Except as provided by Subsection (d), a [A] person who
fails to appear for a complaint or citation for an offense described
by Section 706.002(a) shall be required to pay an administrative
fee of $30 for each complaint or citation reported to the department
under this chapter, unless:
(1) the person is acquitted of the charges for which
the person failed to appear;
(2) the charges on which the person failed to appear
were dismissed with prejudice by motion of the appropriate
prosecuting attorney for lack of evidence;
(3) the failure to appear report was sent to the
department in error; or
(4) the case regarding the complaint or citation is
closed and the failure to appear report has been destroyed in
accordance with the applicable political subdivision's records
retention policy.
(a-1) A [The] person who is required to pay a fee under
Subsection (a) shall pay the fee when:
(1) the court enters judgment on the underlying
offense reported to the department;
(2) the underlying offense is dismissed, other than a
dismissal described by Subsection (a)(2); or
(3) bond or other security is posted to reinstate the
charge for which the warrant was issued.
(b) Except as provided by Subsection (d), a [A] person who
fails to pay or satisfy a judgment ordering the payment of a fine
and cost in the manner the court orders shall be required to pay an
administrative fee of $30.
(d) If the court having jurisdiction over the underlying
offense makes a finding that the person is indigent, the person may
not be required to pay an administrative fee under this section.
For purposes of this subsection, a person is presumed to be indigent
if the person:
(1) is required to attend school full time under
Section 25.085, Education Code;
(2) is a member of a household with a total annual
income that is below 125 percent of the applicable income level
established by the federal poverty guidelines; or
(3) receives assistance from:
(A) the financial assistance program established
under Chapter 31, Human Resources Code;
(B) the medical assistance program under Chapter
32, Human Resources Code;
(C) the supplemental nutrition assistance
program established under Chapter 33, Human Resources Code;
(D) the federal special supplemental nutrition
program for women, infants, and children authorized by 42 U.S.C.
Section 1786; or
(E) the child health plan program under Chapter
62, Health and Safety Code.
SECTION 30. (a) A commission is created to study and
review all penal laws of this state other than criminal offenses:
(1) under the Penal Code;
(2) under Chapter 481, Health and Safety Code; or
(3) related to the operation of a motor vehicle.
(b) The commission shall:
(1) evaluate all laws described by Subsection (a) of
this section;
(2) make recommendations to the legislature regarding
the repeal or amendment of laws that are identified as being
unnecessary, unclear, duplicative, overly broad, or otherwise
insufficient to serve the intended purpose of the law, including
the laws identified by the commission created by Section 29,
Chapter 1251 (H.B. 1396), Acts of the 84th Legislature, Regular
Session, 2015, as requiring additional review; and
(3) evaluate the recommendations made by the
commission created by Section 29, Chapter 1251 (H.B. 1396), Acts of
the 84th Legislature, Regular Session, 2015.
(c) The commission is composed of nine members appointed as
follows:
(1) two members appointed by the governor;
(2) two members appointed by the lieutenant governor;
(3) two members appointed by the speaker of the house
of representatives;
(4) two members appointed by the chief justice of the
Supreme Court of Texas; and
(5) one member appointed by the presiding judge of the
Texas Court of Criminal Appeals.
(d) The officials making appointments to the commission
under Subsection (c) of this section shall ensure that the
membership of the commission includes representatives of all areas
of the criminal justice system, including prosecutors, defense
attorneys, judges, legal scholars, and relevant business
interests.
(e) The governor shall designate one member of the
commission to serve as the presiding officer of the commission.
(f) A member of the commission is not entitled to
compensation or reimbursement of expenses.
(g) The commission shall meet at the call of the presiding
officer.
(h) Not later than November 1, 2018, the commission shall
report the commission's findings and recommendations to the
governor, the lieutenant governor, the speaker of the house of
representatives, the Supreme Court of Texas, the Texas Court of
Criminal Appeals, and the standing committees of the house of
representatives and the senate with primary jurisdiction over
criminal justice. The commission shall include in its
recommendations any specific statutes that the commission
recommends repealing or amending.
(i) Not later than the 60th day after the effective date of
this Act, the governor, the lieutenant governor, the speaker of the
house of representatives, the chief justice of the Supreme Court of
Texas, and the presiding judge of the Texas Court of Criminal
Appeals shall appoint the members of the commission created under
this section.
(j) The commission is abolished and this section expires
December 31, 2018.
SECTION 31. Article 45.0492(e), Code of Criminal Procedure,
as added by Chapter 227 (H.B. 350), Acts of the 82nd Legislature,
Regular Session, 2011, is repealed.
SECTION 32. The changes in law made by this Act to Articles
14.06 and 27.14, Code of Criminal Procedure, and Section 502.010
and Chapter 706, Transportation Code, apply only to an offense
committed on or after the effective date of this Act. An offense
committed before the effective date of this Act is governed by the
law in effect on the date the offense was committed, and the former
law is continued in effect for that purpose. For purposes of this
section, an offense was committed before the effective date of this
Act if any element of the offense occurred before that date.
SECTION 33. The changes in law made by this Act to Articles
42.15, 43.09, 43.091, 45.014, 45.041, 45.046, 45.049, and 45.0491,
Code of Criminal Procedure, and Articles 45.0492, Code of Criminal
Procedure, as added by Chapter 227 (H.B. 350), Acts of the 82nd
Legislature, Regular Session, 2011, and 45.0492, Code of Criminal
Procedure, as added by Chapter 777 (H.B. 1964), Acts of the 82nd
Legislature, Regular Session, 2011, apply to a sentencing
proceeding that commences before, on, or after the effective date
of this Act.
SECTION 34. The change in law made by this Act to Articles
43.05 and 45.045, Code of Criminal Procedure, applies only to a
capias pro fine issued on or after the effective date of this Act. A
capias pro fine issued before the effective date of this Act is
governed by the law in effect on the date the capias pro fine was
issued, and the former law is continued in effect for that purpose.
SECTION 35. The changes in law made by this Act to Articles
45.016, 45.051, and 45.0511, Code of Criminal Procedure, apply only
to a bond executed on or after the effective date of this Act. A
bond executed before the effective date of this Act is governed by
the law in effect when the bond was executed, and the former law is
continued in effect for that purpose.
SECTION 36. The change in law made by this Act to Article
45.048, Code of Criminal Procedure, applies to a defendant who is
placed in jail on or after the effective date of this Act for
failure to pay the fine and costs imposed on conviction of an
offense, regardless of whether the offense for which the defendant
was convicted was committed before, on, or after the effective date
of this Act.
SECTION 37. The change in law made by this Act in amending
Article 102.0071, Code of Criminal Procedure, and Section 32.21,
Penal Code, applies only to an offense committed on or after the
effective date of this Act. An offense committed before the
effective date of this Act is governed by the law in effect when the
offense was committed, and the former law is continued in effect for
that purpose. For purposes of this section, an offense was
committed before the effective date of this Act if any element of
the offense occurred before that date.
SECTION 38. This Act takes effect September 1, 2017.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 351 was passed by the House on March
23, 2017, by the following vote: Yeas 134, Nays 8, 1 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 351 on May 26, 2017, by the following vote: Yeas 132, Nays 11,
2 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 351 was passed by the Senate, with
amendments, on May 24, 2017, by the following vote: Yeas 29, Nays
2.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor