People who become entangled in the criminal legal system can have trouble escaping the fees and court costs assessed for certain violations. It is crucial to help reduce the burden of heavy fees and costs, including by offering credit for time served or designating them uncollectable.
HB 569 (Authors: Sanford, Rose, Thierry, White, Crockett | Sponsor: West), Relating to credit toward payment of a fine and costs for certain misdemeanants confined in jail or prison before sentencing. Under current law, in regard to criminal convictions in cases before a justice of the peace or municipal court judge, the judgment and sentence require paying a fine and costs to the state – but a person must be credited for time spent in jail between arrest and the sentence, with the credit applied to the fine and costs at a set rate. Per this bill: In addition to the above credit, when imposing a fine and costs in a case involving a fine-only misdemeanor, the person must be credited for time served in jail or prison for another offense if that confinement occurred after the commission of the fine-only misdemeanor. The credit must be applied at the rate of at least $150 per day confined.
Additionally, a justice or judge cannot issue an arrest warrant for a person’s failure to appear at the initial court setting unless the justice or judge first provides notice to the person (by phone or mail) that the person may be entitled to a credit toward any fine or costs owed if they were confined in jail or prison after the commission of the offense for which the notice is given. Signed by the Governor; effective on 9/1/2021
SB 1373 (Author: Zaffirini | Sponsors: White, Jarvis Johnson), Relating to the imposition and collection of fines, fees, and court costs in criminal cases. During or immediately after imposing a sentence in a case where a person entered a plea in open court, the judge must inquire on record whether the person has sufficient resources or income to immediately pay all or part of the fine and costs. A cost includes a reimbursement fee.
Separately, an officer who is authorized to collect a fine, reimbursement fee, or other fee may ask the trial court to make a finding that the fine or fee is uncollectable if has been unpaid for at least 15 years. On a finding by the court that such is the case, the court can order the officer to designate it uncollectable in the fee record. Signed by the Governor; effective on 9/1/2021