jail credit toward fines goes from $100 to $150

The text as introduced · 824 words

89R339 MCF-D

By: Zaffirini
S.B. No. 55

A BILL TO BE ENTITLED

AN ACT

relating to credit toward payment of fines and costs for certain

defendants.

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

SECTION 1. Articles 43.09(a) and (k), Code of Criminal

Procedure, are 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

$150 [ $100 ] for each day and rating such labor at $150 [ $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.

(k) A defendant is considered to have discharged $150 [ $100 ]

of fines or costs for each eight hours of community service

performed under Subsection (f) of this article.

SECTION 2. Article 45A.251(e), Code of Criminal Procedure,

is amended to read as follows:

(e) In addition to credit under Subsection (d), in imposing

a fine and costs in a case involving a misdemeanor punishable by

fine only, the justice or judge shall credit the defendant for any

period the defendant was confined in jail or prison while awaiting

trial or 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 not less than $150 for each day of confinement.

SECTION 3. Article 45A.254(e), Code of Criminal Procedure,

is amended to read as follows:

(e) A defendant is considered to have discharged not less

than $150 [ $100 ] of fines or costs for each eight hours of community

service performed under this article.

SECTION 4. Article 45A.459(i), Code of Criminal Procedure,

is amended to read as follows:

(i) A defendant is considered to have discharged not less

than $150 [ $100 ] of fines or costs for each eight hours of community

service performed under this article.

SECTION 5. Article 45A.460(i), Code of Criminal Procedure,

is amended to read as follows:

(i) A defendant is considered to have discharged not less

than $150 [ $100 ] of fines or costs for each eight hours of community

service performed under this article.

SECTION 6. Article 43.09(a), Code of Criminal Procedure, as

amended by this Act, applies to a defendant who is confined or

performs labor to discharge fines or costs on or after the effective

date of this Act, regardless of whether the offense for which the

fines or costs were imposed occurred before, on, or after the

effective date of this Act.

SECTION 7. The changes in law made by this Act to Articles

43.09(k), 45A.254(e), 45A.459(i), and 45A.460(i), Code of Criminal

Procedure, apply to a defendant who performs community service to

discharge fines or costs on or after the effective date of this Act,

regardless of whether the offense for which the fines or costs were

imposed occurred before, on, or after the effective date of this

Act.

SECTION 8. Article 45A.251(e), Code of Criminal Procedure,

as amended 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 was committed before, on, or after that date.

SECTION 9. This Act takes effect September 1, 2025.