85R3270 KJE-D     By: Wu H.B. No. 1441       A BILL TO BE ENTITLED   AN ACT   relating to a defendant's discharge of fines and costs through   confinement in jail or community service.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Article 45.041, Code of Criminal Procedure, is   amended by amending Subsection (b) and adding Subsection (b-2a) to   read as follows:          (b)  Subject to Subsections (b-2), (b-2a), and (b-3), the   justice or judge may direct the defendant:                (1)  to pay:                      (A)  the entire fine and costs when sentence is   pronounced;                      (B)  the entire fine and costs at some later date;   or                      (C)  a specified portion of the fine and costs at   designated intervals;                (2)  if applicable, to make restitution to any victim   of the offense; and                (3)  to satisfy any other sanction authorized by law.          (b-2a)  If in imposing a fine and costs the justice or judge   determines that the defendant has insufficient resources or income   to pay the fine or costs, the justice or judge shall permit the   defendant to elect to discharge all or part of the fine or costs by   performing community service as provided by Article 45.049.          SECTION 2.  Article 45.046, Code of Criminal Procedure, is   amended by amending Subsection (a) and adding Subsection (a-1) to   read as follows:          (a)  When 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 confined in jail until   discharged by law only if:                (1)  the total amount of the fine and costs that remains   unpaid is greater than $100; and                (2)  the judge at a hearing makes a written   determination that:                      (A) [(1)]  the defendant is not indigent and has   failed to make a good faith effort to discharge the fine and costs;   or                      (B) [(2)]  the defendant is indigent and:                            (i) [(A)]  has failed to make a good faith   effort to discharge the fines and costs under Article 45.049; and                            (ii) [(B)]  could have discharged the fines   and costs under Article 45.049 without experiencing any undue   hardship.          (a-1)  The judge may not permit a defendant to voluntarily   discharge a fine or costs through confinement in jail unless the   conditions under Subsection (a) are met.          SECTION 3.  Article 45.049, Code of Criminal Procedure, is   amended by amending Subsections (a), (b), and (c) and adding   Subsections (a-1) and (a-2) to read as follows:          (a)  A justice or judge may require a defendant who fails to   pay a previously assessed fine or costs, or who is determined by the   court to have insufficient resources or income to pay a fine or   costs, to discharge all or part of the fine or costs by performing   community service.          (a-1)  At sentencing, a defendant to whom Article   45.041(b-2a) applies may elect to perform community service under   this article to discharge all or part of the fine or costs assessed   in the case.          (a-2)  A defendant may discharge an obligation to perform   community service under this article by paying at any time the fine   and costs assessed.          (b)  In the justice's or judge's order requiring or   permitting a defendant to participate in community service work   under this article, the justice or judge must specify the number of   hours the defendant is required to work.          (c)  The justice or judge may order the defendant, or the   defendant may elect under Subsection (a-1), to perform community   service work under this article only for a governmental entity or a   nonprofit organization that provides services to the general public   that enhance social welfare and the general well-being of the   community. A governmental entity or nonprofit organization that   accepts a defendant under this article to perform community service   must agree to supervise the defendant in the performance of the   defendant's work and report on the defendant's work to the justice   or judge who ordered the community service.          SECTION 4.  (a)  Articles 45.041 and 45.049, Code of Criminal   Procedure, as amended by this Act, apply only to a sentencing   proceeding that commences on or after the effective date of this   Act.          (b)  Article 45.046, Code of Criminal Procedure, as amended   by this Act, applies only to a default in payment that occurs on or   after the effective date of this Act.          SECTION 5.  This Act takes effect September 1, 2017.