bill raising jail credit toward unpaid fines to $200

The text as introduced · 670 words

89R11471 MCF-D

By: Dutton
H.B. No. 2644

A BILL TO BE ENTITLED

AN ACT

relating to the amount of a fine and costs discharged by a defendant

while confined in jail or engaged in labor.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Article 43.09(a), Code of Criminal Procedure, is

amended to read as follows:

(a) When a defendant is convicted of a misdemeanor and the

defendant's 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 is unable to pay the fine and costs

adjudged against the defendant, the defendant 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; or if there is no such county jail

industries program, workhouse, farm, or improvements and

maintenance projects, the defendant shall be confined in jail for a

sufficient length of time to discharge the full amount of fine and

costs adjudged against the defendant; rating such confinement at

$200 [ $100 ] for each day and rating such labor at $200 [ $100 ] for

each day; provided, however, that the defendant may pay the

pecuniary fine assessed against the defendant at any time while the

defendant 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 is serving the defendant's jail sentence, and in such

instances the defendant is entitled to the credit earned under this

subsection during the time that the defendant has served and the

defendant shall only be required to pay the balance of the pecuniary

fine assessed against the defendant. A defendant who performs

labor under this article during a day in which the defendant is

confined is entitled to both the credit for confinement and the

credit for labor provided by this article.

SECTION 2. Article 45A.262, Code of Criminal Procedure, is

amended to read as follows:

Art. 45A.262. DISCHARGED FROM JAIL. (a) A defendant

placed in jail due to failure to pay the fine and costs shall be

discharged on habeas corpus by showing that the defendant:

(1) is indigent and cannot pay the fine and costs; or

(2) has remained in jail for a cumulative period that

is sufficient to satisfy the fine and costs, at the rate of not less

than $200 [ $150 ] for each separate period served, as specified by

the convicting court in the judgment in the case.

(b) A convicting court may specify a period 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 and costs in the case must

remain in jail to satisfy $200 [ $150 ] of the fine and costs.

SECTION 3. (a) The change in law made by this Act to Article

43.09(a), Code of Criminal Procedure, applies only to a defendant

convicted of a misdemeanor on or after the effective date of this

Act, regardless of whether the misdemeanor was committed before,

on, or after the effective date of this Act.

(b) The change in law made by this Act to Article 45A.262,

Code of Criminal Procedure, applies only 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 4. This Act takes effect September 1, 2025.