Recent Legislation and the Future of Fines and Criminal Court Costs - PDF document

Recent Legislation and the Future of Fines and Criminal Court Costs in Texas Counties 2018 CDCAT Winter Conference San Marcos, Texas February 7, 2018 Judge Ryan Kellus Turner General Counsel and Director of Education Texas Municipal Courts Education Center 512-320-8274 rturner@tmcec.com Twitter: @rkellusturner The 85th Texas Legislature (2017) brought about substantial changes to Texas law pertaining to fines and the imposition of court costs in all trial courts with criminal jurisdiction. "Best practices" are now state law. It is important that county and district clerks with responsibilities involving criminal cases be aware of these important changes. What follows below tracks the TMCEC chart Comparison of Former and Amended Law - H.B. 351 and S.B. 1913 (85th Regular Legislative Session) which is contained in your conference materials. Study the chart in conjunction with the TMCEC bill analysis of H.B. 351 and S.B. 1913 also contained in your conference materials). Note: All sections contain amendments pertaining to municipal and justice courts. Specific amendments pertaining to county and district courts are denoted below with an asterisk. (*) and on the chart with “ see also . ” Sections 26- 27/Sections 23-24: County Scofflaw Program is not detailed in the chart and applies only to counties ROADMAP 1. NOTICE OF ALTERNATIVES TO FULL PAYMENT 2. PERSONAL BOND FEES 3. BAIL 4. WARRANT OF ARREST 5. “ SAFE HARBOR ” 6. ABILITY TO PAY INQUIRIES IN OPEN COURT 7. CAPIAS PRO FINE SHOW CAUSE HEARINGS 8. CAPIAS PRO FINE “SAFE HARBOR” 9. COMMITMENT HEARING 10. CAPIAS PRO FINE JAIL CREDIT 11. COMMUNITY SERVICE 12. WAIVER 13. DPS OMNBASE FTA PROGRAM

Comparison of Former and Amended Law - H.B. 351 and S.B. 1913 (85th Regular Legislative Session) Under Former Law Section (H.B. Under Amended Law (Effective, September 1, 2017) Statute 351 / S.B. 1913) 1. NOTICE OF ALTERNATIVES TO FULL SECTION 1 / 1 A citation must also contain information regarding the alternatives to full payment of any fine or costs Art. 14.06(b), PAYMENT: A citation must contain (1) written notice of assessed, if the person is convicted of the offense and is unable to pay that amount. CCP the time and place the person must appear before a magistrate; (2) the name and address of the person charged; (3) the offense charged; and (4) a domestic violence admonishment. Upon receiving a plea and a waiver of jury trial by mail, SECTION 3 / 3 Upon receiving a plea and a waiver of jury trial by mail, the court shall notify the defendant either in Art. 27.14(b), the court is required to notify the defendant either in person or by regular mail of the amount of any fine or costs assessed in the case, information regarding CCP person or by certified mail, return receipt requested , of the alternatives to the full payment of any fine or costs assessed against the defendant, if the defendant is the fine and costs assessed, and if requested by the unable to pay that amount, and, if requested by the defendant, the amount of an appeal bond the court defendant, the amount of an appeal bond the court will will approve. approve. A communication to the accused person from a third-party SECTION 24 / 22 A communication to the accused person from a third-party vendor as part of its services under a Art. 103.0031(j), vendor as part of its services under a collections contract collections contract regarding the amount of payment that is acceptable to the court must include: (1) a CCP notice of the person’s right to enter a plea or go to trial on any offense charged; and (2) a statement that, regarding the amount of payment that is acceptable to the court must include a notice of the person’s right to enter a if the person is unable to pay the full amount of payment that is acceptable to the court, the person plea or go to trial on any offense charged. should contact the court regarding the alternatives to full payment that are available to resolve the case. 2. PERSONAL BOND FEES: Article 17.42, Section A court that requires a defendant to give a personal bond under Article 45.016 may not assess a personal Art. 17.42, Sec. SECTION 2 / 2 4(a) authorizes a court that requires a defendant to give a bond fee under this subsection. 4(a), CCP personal bond to assess a personal bond fee. 3. BAIL: A judge may require the defendant to give bail SECTION 10 / 9 A judge is authorized to require a defendant to give a personal bond to secure appearance. The judge Art. 45.016, CCP to secure the defendant’s appearance in accordance with may not require a defendant to give a bail bond unless: (1) the defendant fails to appear with respect to the Code of Criminal Procedure. If the defendant fails to the applicable offense; and (2) the judge determines that the defendant has sufficient resources/income to give bail, the defendant may be held in custody. give a bail bond and (3) a bail bond is necessary to secure appearance. If the defendant refuses to give a personal bond or, refuses or otherwise fails to give a bail bond, the defendant may be held in custody (subject to a reconsideration requirement after 48 hours, discussed below). H.B. 351: If a defendant required to give a bail bond remains in custody, without giving the bond, for more than 48 hours, the judge shall reconsider the requirement for the defendant to give the bond. S.B. 1913: If a defendant required to give a bail bond remains in custody, without giving the bond, for more than 48 hours, the judge shall reconsider the requirement for the defendant to give the bond and presume that the defendant does not have sufficient resources/income to give the bond (may require a personal bond). H.B. 351: A justice or judge may not issue an arrest warrant for the defendant’s failure to appear at the 4. WARRANT OF ARREST: When a sworn complaint Art. 45.014(e)- SECTION 9 / 8 or affidavit based on probable cause has been filed before initial court setting, unless: (1) the judge provides by telephone or regular mail notice that includes: (A) (f), CCP the municipal court, the judge may issue a warrant for the a date and time when the defendant must appear before the judge (defendant may request an alternative arrest of the accused. No special rules exist for defendants date); (B) the name and address of the court with jurisdiction in the case; (C) information regarding who fail to appear at an initial court setting. alternatives to the full payment of any fine or costs, if the defendant is unable to pay that amount; and (D) an explanation of the consequences if the defendant fails to appear; and (2) the defendant fails to appear. S.B. 1913: Identical to H.B. 351 except that the date and time when the defendant must appear before the judge must be set within the 30-day period following the date notice is provided. 2