SB2554 - Relating to collection of certain fines assessed for traffic offenses.

  89R18601 TYPED     By: West S.B. No. 2554       A BILL TO BE ENTITLED   AN ACT   relating to collection of certain fines assessed for traffic   offenses.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Chapter 45A, Code of Criminal Procedure, is   amended by adding Subchapter L to read as follows:   SUBCHAPTER L. TRAFFIC FINE PROGRAMS OF JUSTICE AND MUNICIPAL COURTS           Art.   45A.551.     GENERAL PROVISIONS FOR THE AMNESTY PROGRAM   FOR TRAFFIC FINES UNDER JUSTICE AND MUNICIPAL COURTS. (a) A notice   to appear issued for a traffic offense, including an offense under   Section 521.457, Transportation Code, must inform the defendant   charged with the offense that:                 (1)     the person may be eligible for a reduction of the   amount of the person's unpaid fines for traffic offenses under a   program available under this subchapter; and                 (2)     if the notice to appear is issued for an offense   under Section 521.457, Transportation Code, and the person's   license was suspended because of nonpayment of fines for traffic   offenses, the person may be eligible for an AMNESTY PROGRAM   established under this subchapter to address the previous unpaid   fines.           (b)     Each justice and municipal court shall, on the court's   publicly accessible Internet website:                 (1)     post information about the programs available   under this subchapter; and                 (2)     post a statement that individuals who have a   suspended license due to unpaid fines for traffic offenses may be   eligible for the programs established under this subchapter.           (c)     Each justice and municipal court may provide a written   notification by mail to a person who is issued a notice to appear   for a violation of Section 521.457, Transportation Code, that   notifies the person that if the person's license was suspended   because of nonpayment of fines for traffic offenses, the person may   be eligible for a program under this subchapter to address those   previous unpaid fines.           (d)     The Office of Court Administration of the Texas Judicial   System shall adopt the forms necessary for each program under this   subchapter.           Art.   45A.552.     AMNESTY PROGRAM. (a) This article applies   only to a fine for a traffic offense that:                 (1)  was issued before September 1, 2023; and                 (2)  remains unpaid on or after September 1, 2025           (b)     Each justice and municipal court shall establish an   amnesty program available to any person who owes a total of more   than $200 of unpaid fines described by Subsection (a) and applies to   participate in the program. The program must allow a person to   apply for participation in the program on the Internet, by   telephone, in-person or by mail.           (c)     Except as otherwise provided by this subsection, a   justice or municipal court shall charge a $100 administrative fee   for participation in the program. The administrative fee must be   credited toward the amount of the person's unpaid fines described   by Subsection (a). The court may reduce the amount of the   administrative fee or waive the fee if the court determines a person   is indigent.           (d)     The justice or municipal court shall allow a person who   participates in an amnesty program under this article and has three   or more unpaid fines described by Subsection (a) to pay the reduced   fines over a period of not less than 12 months beginning on the date   the fines are reduced under this article.           (e)     A fine collected under this article shall be deposited   in the same manner as the original fine.           (f)     A person may no longer participate in an amnesty program   under this article if the person enters into a payment plan with the   justice or municipal court and misses two or more consecutive   payments in the plan unless:                 (1)     the person contacts the court and requests to   remain enrolled in the program; and                 (2)     the justice or municipal court authorizes the   person's continued participation.           (g)     The justice or municipal court shall notify the   Department of Public Safety on a person's successful completion of   the amnesty program.           (h)     An applicant who is approved to participate in the   Amnesty Program would be credited for any amount previously paid   toward an eligible outstanding fine.           (i)     The driver's license suspension of a person who is   successfully enrolled in the Amnesty Program would be temporarily   lifted, including payment of the $100 fee, unless the payment is   waived by the court.   The drivers license suspension would be   permanently waived for eligible fines when all payments under the   program have been paid.   The suspensions would be reinstated if the   program is not completed within the appropriate or specified   timelines.           (j)     A person who applies for the Amnesty Program and has   fines totaling less than $200 may be allowed by the court a period   up to six months to complete payment of the unpaid eligible fines.           (k)  This article expires December 31, 2026.           Art.   45A.553.     INDIGENCY PROGRAM. (a) This article applies   only to a fine for a traffic offense that remains unpaid on or after   the second anniversary of the date of issuance.           (b)     Each justice and municipal court shall establish an   indigency program through which the justice or municipal court   shall reduce all fines described by Subsection (a), or penalties   for nonpayment of such fines, if a person who owes a fine described   by Subsection (a) establishes that the person is indigent. The   program must allow a person to apply for participation in the   program on the Internet, in person, or by mail or telephone.           (c)     A justice or municipal court may charge an   administrative fee not to exceed $100 for participation in the   program. The administrative fee must be credited toward the amount   of an unpaid fine described by Subsection (a).           (d)     For a person who applies to an indigency program under   this article, a justice or municipal court shall reduce the total   amount of the person's unpaid fines owed to the lesser of:                 (1)     an amount that does not exceed $150 total for two   or fewer unpaid fines;                 (2)     an amount that does not exceed $75 per fine or $300   total for three or more unpaid fines; or                 (3)     an amount determined by the court under Article   45A.258, not to exceed $300.           (e)     To establish indigency for purposes of Subsection (b), a   person must provide to the justice or municipal court:                 (1)     documentation described by Section 709.001(d),   Transportation Code; or                 (2)     a sworn affidavit confirming that the person's   income or the person's household income does not exceed 200 percent   of the applicable income level established by the federal poverty   guidelines.           (f)     A fine collected under this article shall be deposited   in the same manner as the original fine.           (g)     A person may no longer participate in an indigency   program under this article if the person enters into a payment plan   with the justice or municipal court and misses two or more   consecutive payments in the plan unless:                 (1)     the person contacts the court and requests to   remain enrolled in the program; and                 (2)     the justice or municipal court authorizes the   person's continued participation.           (h)     The justice or municipal court shall notify the   Department of Public Safety on a person's successful completion of   the indigency program.           Art.   45A.554.     INCENTIVE PROGRAM. (a) This article applies   only to a fine for a traffic offense that remains unpaid on or after   the second anniversary of the date of issuance.           (b)     Each justice and municipal court shall establish an   incentive program through which the justice or municipal court   shall reduce the amount of an unpaid fine described by Subsection   (a) if a person establishes that the person's income or the person's   household income is less than 300 percent of the applicable income   level established by the federal poverty guidelines. For a person   who is eligible for the incentive program under this article, the   justice or municipal court shall reduce the amount of the person's   unpaid fines to:                 (1)     an amount that does not exceed a total of $200 for   two or fewer unpaid fines; or                 (2)     an amount that does not exceed $100 per fine or a   total of $500 for three or more unpaid fines.           (c)     The program must allow a person to apply for   participation in the program on the Internet, in person, or by mail   or telephone.           (d)     A person must provide information to the justice or   municipal court to establish that the person qualifies for the   incentive program under this article. The following documentation   may be used as proof that the person qualifies to participate in the   incentive program:                 (1)     a copy of the person's most recent federal income   tax return that shows that the person's income or the person's   household income is less than 300 percent of the applicable income   level established by the federal poverty guidelines;                 (2)     a copy of the person's most recent statement of   wages that shows that the person's income or the person's household   income is less than 300 percent of the applicable income level   established by the federal poverty guidelines; or                 (3)     a sworn affidavit confirming that the person's   income or the person's household income is less than 300 percent of   the applicable income level established by the federal poverty   guidelines.           (e)     Except as otherwise provided by this subsection, a   justice or municipal court shall charge a $100 administrative fee   for participation in the program. The administrative fee must be   credited toward the amount of an unpaid fine described by   Subsection (a). The court may reduce the amount of the   administrative fee or waive the fee if the court determines a person   is indigent.           (f)     Except as otherwise provided by Subsection (g), a person   who participates in the incentive program under this article must   pay the reduced amount of a traffic fine not later than the 180th   day after the date the amount of the traffic fine is reduced under   the program.           (g)     For a person who participates in the incentive program   under this article and has three or more unpaid fines described by   Subsection (a), the justice or municipal court shall allow the   person to pay the reduced fines over a period of not less than 12   months beginning on the date the fi [Text truncated for display. Full text available on LegiScan.]