Bill Text: TX HB3589 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to credit toward payment of certain fines, costs, fees, and surcharges imposed on certain offenders before, during, or after a period of confinement for another offense.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2019-05-09 - Placed on General State Calendar [HB3589 Detail]
Download: Texas-2019-HB3589-Introduced.html
86R8553 MAW-D | ||
By: Sanford | H.B. No. 3589 |
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relating to credit toward payment of certain fines, costs, fees, | ||
and surcharges imposed on certain offenders before, during, or | ||
after a period of confinement for another offense. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Article 45.014(e), Code of Criminal Procedure, | ||
as added by Chapter 1127 (S.B. 1913), Acts of the 85th Legislature, | ||
Regular Session, 2017, is amended 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, occurring within the 30-day | ||
period following the date that notice is provided, 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; | ||
(D) a statement that the defendant may be | ||
entitled to a credit toward any fine or costs owed by the defendant | ||
if the defendant was confined in jail or prison after the commission | ||
of the offense for which the notice is given; and | ||
(E) [ |
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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. | ||
SECTION 2. Article 45.041, Code of Criminal Procedure, is | ||
amended by amending Subsection (c) and adding Subsection (c-1) 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 provided by Article 45.048. | ||
(c-1) In addition to credit under Subsection (c), in | ||
imposing a fine and costs in a case involving a misdemeanor | ||
punishable by a fine only, the justice or judge shall credit the | ||
defendant for any time the defendant was confined in jail or prison | ||
while serving a sentence for another offense if that confinement | ||
occurred after the commission of the misdemeanor. The credit under | ||
this subsection shall be applied to the amount of the fine and costs | ||
at the rate of $200 for each day of confinement. | ||
SECTION 3. Subchapter B, Chapter 45, Code of Criminal | ||
Procedure, is amended by adding Article 45.0411 to read as follows: | ||
Art. 45.0411. NOTICE TO DEPARTMENT OF PUBLIC SAFETY. Not | ||
later than the 15th day after the date a justice or judge imposes a | ||
sentence in a case in which the defendant is entitled to receive a | ||
credit toward the payment of the fine and costs under Article | ||
45.041(c-1), the court shall provide a notice to the Texas | ||
Department of Public Safety that includes: | ||
(1) the total amount of credit the defendant was | ||
eligible to receive under Article 45.041(c-1), regardless of the | ||
actual amount that was credited toward the fine and costs in the | ||
case; and | ||
(2) the dates of confinement for which the defendant | ||
was eligible to receive the credit. | ||
SECTION 4. Chapter 706, Transportation Code, is amended by | ||
adding Section 706.0061 to read as follows: | ||
Sec. 706.0061. CREDIT TOWARD PAYMENT OF ADMINISTRATIVE FEE. | ||
The department shall credit the amount stated in the notice | ||
provided to the department under Article 45.0411, Code of Criminal | ||
Procedure, toward the person's payment of any administrative fee | ||
imposed under Section 706.006 before or during the period of | ||
confinement stated in the notice. | ||
SECTION 5. Subchapter D, Chapter 708, Transportation Code, | ||
is amended by adding Section 708.1581 to read as follows: | ||
Sec. 708.1581. CREDIT TOWARD PAYMENT OF SURCHARGE. The | ||
department shall credit the amount stated in the notice provided to | ||
the department under Article 45.0411, Code of Criminal Procedure, | ||
toward the person's payment of any unpaid surcharges that were | ||
assessed on the person's license before or during the period of | ||
confinement stated in the notice. | ||
SECTION 6. Article 45.014(e), Code of Criminal Procedure, | ||
as added by Chapter 977 (H.B. 351), Acts of the 85th Legislature, | ||
Regular Session, 2017, is repealed. | ||
SECTION 7. Article 45.041(c-1), Code of Criminal Procedure, | ||
as added by this Act, applies to a defendant who is sentenced for an | ||
offense on or after the effective date of this Act, regardless of | ||
whether the offense is committed before, on, or after the effective | ||
date of this Act. | ||
SECTION 8. This Act takes effect September 1, 2019. |