HB307 - Relating to credit toward payment of fines and costs for certain defendants.

  89R339 MCF-D     By: Vasut, Buckley, et al. H.B. No. 307       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.