bill barring jail for unpaid fines on fine-only offenses

The text as introduced · 1,080 words

89R3414 MEW-F

By: Bernal
H.B. No. 743

A BILL TO BE ENTITLED

AN ACT

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 45A.251(d), Code of Criminal Procedure,

is amended to read as follows:

(d) 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 [ provided by Article 45A.262 ].

SECTION 2. The heading to Article 45A.261, Code of Criminal

Procedure, is amended to read as follows:

Art. 45A.261. HEARING ON DEFAULT [ COMMITMENT ].

SECTION 3. Article 45A.261(a), Code of Criminal Procedure,

is amended to read as follows:

(a) If 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 [ confined in

jail until discharged by law if the judge ] at a hearing and show

cause as to why the defendant defaulted in discharging the judgment

[ makes a written determination that:

[ (1) the defendant is not indigent and has failed to

make a good faith effort to discharge the fines or costs; or

[ (2) the defendant is indigent and:

[ (A) has failed to make a good faith effort to

discharge the fines or costs under Article 45A.254; and

[ (B) could have discharged the fines or costs

under Article 45A.254 without experiencing any undue hardship ].

SECTION 4. Subchapter F, Chapter 45A, Code of Criminal

Procedure, is amended by adding Article 45A.2615 to read as

follows:

Art. 45A.2615. 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 45A.453(a), 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 45A.262(a), Code of Criminal Procedure,

is amended to read as follows:

(a) A defendant confined [ placed ] in jail [ due to failure to

pay the fine and costs ] shall be discharged on habeas corpus by

showing that the defendant was confined in jail :

(1) in violation of Article 45A.2615 or 45A.461(b) [ is

indigent and cannot pay the fine and costs ]; or

(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 [ has remained in jail for a cumulative

period that is sufficient to satisfy the fine and costs, at the rate

of not less than $150 for each separate period served, as specified

by the convicting court in the judgment in the case ].

SECTION 6. Article 45A.264, Code of Criminal Procedure, is

amended by amending Subsection (b) and adding Subsection (b-1) to

read as follows:

(b) In addition to any other method of enforcement

authorized by law , the municipality may enforce the collection of

fines by[ :

[ (1) ] execution against the property of the defendant .

(b-1) A municipality may not enforce the collection of fines

by [ ; or

[ (2) ] confinement of the defendant.

SECTION 7. The heading to Article 45A.461, Code of Criminal

Procedure, is amended to read as follows:

Art. 45A.461. FAILURE TO [ PAY FINE OR ] APPEAR.

SECTION 8. Article 45A.461(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) [ the failure to pay all or part of a fine or cost

imposed for the conviction of an offense punishable by fine only;

[ (2) ] the failure to appear for an offense committed by

the child; or

(2) [ (3) ] contempt of an [ another ] order of a justice

or municipal court.

SECTION 9. Section 21.002(c), Government Code, is amended

to read as follows:

(c) Subject to Articles 45A.2615 and 45A.461(b), Code of

Criminal Procedure, the [ The ] punishment for contempt of a justice

court or municipal court is a fine of not more than $100 or

confinement in the county or municipal [ city ] jail for not more than

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 45A.261(b); and

(2) Article 45A.262(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 45A.461(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, 2025, 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 45A.261, 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 45A.453(a),

Code of Criminal Procedure.

SECTION 12. This Act takes effect September 1, 2025.