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

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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-Comm_Sub.html

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85R762 KJE-F
By: Canales, White H.B. No. 351

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