HB2644 - Relating to the amount of a fine and costs discharged by a defendant while confined in jail or engaged in labor.

  89R11471 MCF-D     By: Dutton H.B. No. 2644       A BILL TO BE ENTITLED   AN ACT   relating to the amount of a fine and costs discharged by a defendant   while confined in jail or engaged in labor.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Article 43.09(a), Code of Criminal Procedure, is   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   $200 [ $100 ] for each day and rating such labor at $200 [ $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.          SECTION 2.  Article 45A.262, Code of Criminal Procedure, is   amended to read as follows:          Art. 45A.262.  DISCHARGED FROM JAIL. (a)  A defendant   placed in jail due to failure to pay the fine and costs shall be   discharged on habeas corpus by showing that the defendant:                (1)  is indigent and cannot pay the fine and costs; or                (2)  has remained in jail for a cumulative period that   is sufficient to satisfy the fine and costs, at the rate of not less   than $200 [ $150 ] for each separate period served, as specified by   the convicting court in the judgment in the case.          (b)  A convicting court may specify a period that is not less   than eight hours or more than 24 hours as the period for which a   defendant who fails to pay the fine and costs in the case must   remain in jail to satisfy $200 [ $150 ] of the fine and costs.          SECTION 3.  (a)  The change in law made by this Act to Article   43.09(a), Code of Criminal Procedure, applies only to a defendant   convicted of a misdemeanor on or after the effective date of this   Act, regardless of whether the misdemeanor was committed before,   on, or after the effective date of this Act.          (b)  The change in law made by this Act to Article 45A.262,   Code of Criminal Procedure, applies only to a defendant who is   placed in jail on or after the effective date of this Act for   failure to pay the fine and costs imposed on conviction of an   offense, regardless of whether the offense for which the defendant   was convicted was committed before, on, or after the effective date   of this Act.          SECTION 4.  This Act takes effect September 1, 2025.