Bill Text: TX HB303 | 2023-2024 | 88th Legislature | Comm Sub
Bill Title: Relating to a justice or municipal court's authority to order a defendant confined in jail for failure to pay a fine or cost or for contempt and to the authority of a municipality to enforce the collection of certain fines by imprisonment of the defendant.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2023-05-10 - Statement(s) of vote recorded in Journal [HB303 Detail]
Download: Texas-2023-HB303-Comm_Sub.html
88R20159 MEW-F | |||
By: Bernal | H.B. No. 303 | ||
Substitute the following for H.B. No. 303: | |||
By: Moody | C.S.H.B. No. 303 |
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relating to a justice or municipal court's authority to order a | ||
defendant confined in jail for failure to pay a fine or cost or for | ||
contempt and to the authority of a municipality to enforce the | ||
collection of certain fines by imprisonment of the defendant. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Article 45.041(c), Code of Criminal Procedure, | ||
is amended to read as follows: | ||
(c) The justice or judge shall credit the defendant for time | ||
served in jail as provided by Article 42.03. The credit under this | ||
subsection shall be applied to the amount of the fine and costs at | ||
the rate of not less than $150 for each period served that is not | ||
less than eight hours or more than 24 hours, as specified by the | ||
justice or judge [ |
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SECTION 2. The heading to Article 45.046, Code of Criminal | ||
Procedure, is amended to read as follows: | ||
Art. 45.046. HEARING ON DEFAULT [ |
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SECTION 3. 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 to appear [ |
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cause as to why the defendant defaulted in discharging the judgment | ||
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SECTION 4. Subchapter B, Chapter 45, Code of Criminal | ||
Procedure, is amended by adding Article 45.0465 to read as follows: | ||
Art. 45.0465. CONFINEMENT FOR FAILURE TO SATISFY JUDGMENT | ||
OR FOR CONTEMPT PROHIBITED. A justice or municipal court may not | ||
order the confinement of a person, including a child as defined by | ||
Article 45.058(h), for: | ||
(1) the failure to pay all or part of a fine or cost | ||
imposed for the conviction of an offense punishable by fine only; or | ||
(2) contempt of a judgment entered for the conviction | ||
of an offense punishable by fine only. | ||
SECTION 5. Article 45.048(a), Code of Criminal Procedure, | ||
is amended to read as follows: | ||
(a) A defendant confined [ |
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corpus by showing that the defendant was confined in jail: | ||
(1) in violation of Article 45.0465 or 45.050(b) [ |
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(2) as a result of: | ||
(A) failure to pay the applicable fine or cost | ||
imposed by a judgment entered for the conviction of an offense | ||
punishable by fine only; or | ||
(B) contempt of a judgment described by Paragraph | ||
(A) or, if the defendant is a child, contempt of an order of a | ||
justice or municipal court [ |
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SECTION 6. The heading to Article 45.050, Code of Criminal | ||
Procedure, is amended to read as follows: | ||
Art. 45.050. [ |
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CONTEMPT: JUVENILES. | ||
SECTION 7. Article 45.050(b), Code of Criminal Procedure, | ||
is amended to read as follows: | ||
(b) A justice or municipal court may not order the | ||
confinement of a child for: | ||
(1) [ |
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[ |
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the child; or | ||
(2) [ |
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or municipal court. | ||
SECTION 8. Article 45.203, Code of Criminal Procedure, is | ||
amended by amending Subsection (a) and adding Subsection (a-1) to | ||
read as follows: | ||
(a) The governing body of each municipality shall by | ||
ordinance prescribe rules, not inconsistent with any law of this | ||
state, as may be proper to enforce the collection of fines imposed | ||
by a municipal court. In addition to any other method of enforcement | ||
authorized by law, the municipality may enforce the collection of | ||
fines by[ |
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(a-1) A municipality may not enforce the collection of fines | ||
by [ |
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SECTION 9. Section 21.002(c), Government Code, is amended | ||
to read as follows: | ||
(c) Subject to Articles 45.0465 and 45.050(b), Code of | ||
Criminal Procedure, the [ |
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court or municipal court is a fine of not more than $100 or | ||
confinement in the county or municipal [ |
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three days, or both such a fine and confinement in jail. | ||
SECTION 10. The following provisions of the Code of | ||
Criminal Procedure are repealed: | ||
(1) Article 45.046(b); and | ||
(2) Article 45.048(b). | ||
SECTION 11. (a) Except as provided by Subsection (b) of this | ||
section, the changes in law made by this Act apply only to a | ||
judgment that has not been discharged before the effective date of | ||
this Act and a judgment entered on or after the effective date of | ||
this Act. | ||
(b) Article 45.050(b), Code of Criminal Procedure, as | ||
amended by this Act, applies only to an order entered on or after | ||
the effective date of this Act. | ||
(c) Not later than September 2, 2023, a county or municipal | ||
jail shall release each person who, on the effective date of this | ||
Act, is confined in the county or municipal jail for: | ||
(1) the failure to pay all or part of a fine or cost | ||
imposed for the conviction of an offense punishable by fine only, | ||
including confinement ordered under Article 45.046, Code of | ||
Criminal Procedure, as that article existed before the effective | ||
date of this Act; | ||
(2) contempt of a judgment entered for the conviction | ||
of an offense punishable by fine only; or | ||
(3) contempt of an order of a justice or municipal | ||
court, if the person is a child as defined by Article 45.058(h), | ||
Code of Criminal Procedure. | ||
SECTION 12. This Act takes effect September 1, 2023. |