Spotlight on the 2017 Legislative Session: SB 1913 Michael Acuña Municipal Judge City of Dallas

August 9, 2014

Ferguson Fallout

State of the Judiciary Address Chief Justice Nathan Hecht – February1, 2017 “Last year, Texas’ 2,100 justices of the peace and municipal judges handled 7 million traffic, parking, and other minor offenses ... in 640,000 cases —16% — defendants went to jail for minor offenses.”

Texas Judicial Council 22 member body created in 1929 to study & report on the Judicial Branch & is the policy-making body for the state judiciary. The Council studies methods to simplify judicial procedures, expedite court business, and better administer justice. It examines the work accomplished by the courts and submits recommendations to the Legislature, the Governor and the Supreme Court. Chaired by the Chief Justice of the Supreme Court; Presiding Judge of the Court of Criminal Appeals is Vice-Chair. Chief Justice appoints 10 judges, 2 from each level of court. The Lt. Gov. appoints 2 members of the Senate; the Speaker of the House appoints 1 member of the House & Judiciary and Civil Jurisprudence Committee Chair. The Governor appoints 6 citizen members to the Council, 3 members of the State Bar and 2 of which cannot be attorneys.

Texas Judicial Council 2

Texas Judicial Council 3

Legislative Deadline Deadline to file bills other than local bills, emergency appropriations & legislative emergency bills 60th day of the session – March 10, 2017 SB 1913 was introduced March 10, 2017

Alternatives Language §1 - Art. 14.06(b) now requires citation to include information regarding alternatives to the full payment of any fine or costs assessed against a person if convicted and is unable to pay All statutory references are to the Code Crim. App. unless otherwise indicated

Alternatives Language 2 §3 – Art. 27.14(b) also required for mail-in pleas §23 – Art. 103.0031(j)(2) also required for collection agency notices §10 – Art. 45.019(a) to include same language on the complaint! Not part of the elements or jurisdiction – no motions to quash based on the faulty language! All statutory references are to the Code Crim. App. Unless otherwise indicated

Final Judgments (Introduced) §4 – Art.42.15(a-1)* & §11 – Art.45.041(a-1)* Authorizes a court to impose a fine and costs only if the court makes a written determination that ∆ has sufficient resources or income to pay all or part of the fine and costs §11 – Art.45.041(a-1)* required judge to consider ∆’s financial history & any other relevant info including whether the ∆ is a full-time student, is part of a household whose income is at or below the applicable federal poverty guideline, below the state or local median household income or receives financial assistance from any federal, state or local assistance program.

Final Judgments (passed) §4 – Art.42.15(a-1)* & §10 – Art.45.041(a-1)* during or immediately after imposing a sentence in a case in which ∆ entered plea in open court as provided by arts. 27.13, 27.14(a), or 27.16(a), court shall inquire whether ∆ has sufficient resources to pay all or part of the fine and costs If ct. determines ∆ is unable to immediately pay all or part of the fine & costs, ct. shall order amount to be paid later or in installments, c.s., waived in full or in part, or any combination

Capias Pro Fine (Introduced) §5 – Art.42.15(a-1)* & §13 – Art.45.045(a-2)* Court may not issue a capias pro fine for ∆’s failure to satisfy judgment according to its terms unless the ct. holds hearing on ∆’s ability to satisfy the judgment and: (1) ∆ fails to appear at the hearing; or (2) based on evidence presented at the hearing, the court makes a written determination that: (A) ∆ is not indigent and has failed to make a good faith effort to discharge the fine or costs; or (B) ∆ is indigent and: (i) has failed to make a good faith effort to discharge the fine or costs under Article 43.09(f); and (ii) could have discharged the fine or costs under Article 43.09(f) without undue hardship. (a-2)* (a-3)* The court shall recall a capias pro fine if, before the capias pro fine is executed, ∆ voluntarily appears to resolve the amount owed.

Capias Pro Fine (Passed) §5 – Art.42.15(a-1)* & §13 – Art.45.045(a-2)* A court may not issue a capias pro fine for ∆’s failure to satisfy the judgment according to its terms unless the court holds a hearing on the ∆’s ability to satisfy the judgment and: (1) ∆ fails to appear at the hearing; or (2) based on evidence presented at the hearing, ct. makes a written determination that the capias should issue. (a-2)* (a-3)* The court shall recall a capias pro fine if, before the capias pro fine is executed, ∆ voluntarily appears to resolve the case and the amount owed is resolved in any lawful manner. What does that do to you if the case is unresolved?

Bonds (Introduced) §2 – Art.17.42(4)(a) prohibited assessment of a personal bond fee if the ct. requires a P.R. bond under art. 45.016. §9 – Art. 45.016(b)* Prohibited a judge from requiring ∆ to give a bail bond or require a surety or other security unless ∆ refuses to give a PR bond.

Bonds (Passed) §2 – Art.17.42(4)(a) prohibited assessment of a personal bond fee if the ct. requires a P.R. bond under art. 45.016. §9 – Art. 45.016(b)* Prohibits a judge from requiring bail bond instead of/in addition to PR bond unless ∆ FTA’s and judge determines that ∆ has sufficient resources & bail bond is necessary to secure ∆’s appearance. No distinction between cash and surety bond. Art. 23.05 is only time ∆ can be required to post cash bond.

Bonds (Passed) 2 §9 – Art. 45.016(c)* If ∆ doesn’t post bail bond w/i 48 hrs. following issuance of order requiring bail bond, judge shall 1) Reconsider requirement for bail bond & presume ∆ doesn’t have sufficient resources or income to post bond; and 2) May require ∆ to give a PR bond. No distinction between cash and surety bond. Art. 23.05 is only time ∆ can be required to post cash bond. How will judge keep up? Does not restrict to custody. Presumption can be rebutted. How is it brought to judge’s attention? Does the judge issue an order requiring bond or just the warrant? But cannot require cash unless prior bond forfeited per art. 23.05 C.C.P.

Increased Credit for Jail & C.S.(Introduced) §6 – Art. 43.09(a) raised min. jail credit -$100/day §15 – Art. 45.048(a) raised min. jail credit - $100/pd. §16 – Art. 45.049(e) raised min. credit - $100/8-hr. §19- Art. 45.0492(g)(juveniles) §16 – Art. 45.049(e) raised min. credit - $100/8-hr. pd.

Increased Credit for Jail & C.S.(passed) §6 – Art. 43.09(a) raised min. jail credit -$100/day §14 – Art. 45.048(a) raised min. jail credit - $100/pd. §15 – Art. 45.049(e) raised min. credit - $100/8-hr. §19 - Art. 45.0492(g)(juveniles) raised min. credit - $100/8-hr. pd.

Comm. Serv. What (Introduced & Passed) §6 - Art. 43.09(h)(1), §16 - Art. 45.049(c)(1) & §19- Art. 45.0492(d)(1) & §20 - Art. 45.0492(d)(1) expand c.s. to include work & job skills training program, preparatory class for the high school equivalency exam administered under § 7.111, Ed. Code, or similar activity(?)

Community Service Where §6 - Art. 43.09(h)(2), §16 - Art. 45.049(c)(2) & §19- Art. 45.0492(d)(2) expand where c.s. can be performed to include a religious organization, a neighborhood association or group, or an educational institution

Community Service Where §6 - Art. 43.09(h)(2), §16 - Art. 45.049(c)(2) & §19- Art. 45.0492(d)(2) expand where c.s. can be performed to include a religious organization, a neighborhood association or group, or an educational institution §6 - Art. 43.09(h)(2), §15 - Art. 45.049(c)(2) & §18- Art. 45.0492(d)(2) & §19 - Art. 45.0492(d)(2) expand where c.s. can be performed to gov. entity or nonprofit or another organization that provides services to the public that enhance social welfare & general well-being of the community or an educational institution.

Community Service, Etc. §6 - Art. 43.09(h-1), §15 - Art. 45.049(c-1) & §19- Art. 45.0492(d-1) allow an entity accepting a ∆ for c.s. to supervise on-site or remotely §6 - Art. 43.09(l), §15 - Art. 45.049(f) & §19- Art. 45.0492(f) extend immunity from liability to an entity accepting a ∆ for c.s.

Community Service Order (passed) Order must specify (art. 45.049): # hours ∆ is required to perform Date by which ∆ must submit documentation to the court verifying the ∆’s completion of C.S.

Waiver of Fines & Costs (Introduced) §7 – Art. 43.091 & §17 - Art. 45.0491 repeal the requirement of a default for a judge to waive a fine or cost for a Δ who has insufficient resources.

Waiver of Fines & Costs (Passed) §7 – Art. 43.091 & §16 - Art. 45.0491 repeal the requirement of a default for a judge to waive a fine or cost for a Δ who has insufficient resources.

Arrest Warrants (Introduced) §8 – Art. 45.014(e)* prohibited a judge from issuing an arrest warrant for ∆’s failure to appear unless: (1) judge provides notice by telephone or certified mail to ∆ that includes: (A) at least 2 dates & times, within the 30-day period following the date when notice is provided, when ∆ may appear; (B) the name and address of the court; (C) information regarding alternatives to the full payment of any fine or costs owed, if ∆ is unable to pay; and (D) an explanation of the consequences if ∆ fails to appear before the judge within the period described above; and That would be 4 possible dates which would promote confusion; the ∆ already has a right to ask for another setting – it’s called a continuance! But did not have to resolve it!

Arrest Warrants (Introduced) 2 (2) ∆ fails to appear b/f the judge on or b/f 30th day after the date that notice is provided (f) ∆ who receives notice may request an alternative date/time to appear if ∆ is unable to appear on a date & time provided in the notice. (g) A judge shall recall an arrest warrant for ∆’s failure to appear if ∆ voluntarily appears to resolve arrest warrant b/f warrant is executed. That would be 4 possible dates which would promote confusion; the ∆ already has a right to ask for another setting – it’s called a continuance! But did not have to resolve it!

Arrest Warrants (Passed) §8 – Art. 45.014(e)* prohibited a judge from issuing an arrest warrant for ∆’s failure to appear unless: (1) judge provides notice by telephone or regular mail to ∆ that includes: (A) a date & time, within the 30-day period following the date when notice is provided, when ∆ must appear; (B) the name and address of the court; (C) information regarding alternatives to the full payment of any fine or costs owed, if ∆ is unable to pay; and (D) an explanation of the consequences if ∆ fails to appear before the judge within the period described above; and But §80.005(b)(5) Gov’t Code (eff. 9/1/15), prohibits sending any notice by phone!

Arrest Warrants (Passed) 2 (2) ∆ fails to appear b/f the judge as required. (f) ∆ who receives notice may request an alternative date/time to appear if ∆ is unable to appear on a date & time provided in the notice. (g) A judge shall recall an arrest warrant for ∆’s failure to appear if ∆ voluntarily appears to resolve arrest warrant b/f warrant is executed. That would be 4 possible dates which would promote confusion; the ∆ already has a right to ask for another setting – it’s called a continuance! But did not have to resolve it!

Commitment Order (Introduced & Passed) §14 – Art. 45.046(a) now requires judge to make a written finding that defaulting non-indigent ∆ failed to make good faith effort to satisfy fine or costs. And defaulting indigent ∆ failed to make good faith effort to satisfy fine or costs through art. 45.049 & could have done so without undue hardship.

Collection Contracts (Introduced) §23 – Art. 103.0031(a)(2) repealed authority for collection contracts for amounts in cases where 1) ∆ FTA’d 2) notices to appear & 3) a summons to appear §23 – Art. 103.0031(b) lowered collection agency fee to 15% from 30%

Fees (Introduced) §24 – Art. 102.0212(4) repealed the time payment fee ($25). §25 – Art. 103.021(24) repealed adminis-trative transaction fee ($2).

Scofflaw (Introduced) §27 – § 502.010(b-1)* Transp. Code - Info sent to the county used to deny registration expires on 2nd anniversary of date sent & may no longer be used to deny registration §27 – § 502.010(j)* Transp. Code - If judge makes a finding that ∆ is unable to pay fine or fee, county may not deny registration

Scofflaw (Passed) §23 – § 502.010(b-1)* Transp. Code - Info sent to the county used to deny registration expires on 2nd anniversary of date sent & may no longer be used to deny registration §23 – § 502.010(j)* Transp. Code - If judge makes a finding that ∆ is unable to pay fine or fee, county may not deny registration

Occupational DL (Introduced) §29 – § 521.242(a) Transp. Code – allowed petitioners for an occupational license to file in municipal court.

Omni Fee (Introduced) §30 – § 706.011* Transp. Code prohibited DPS from renewing DL or charging administrative fee in a case where judge finds ∆ is unable to pay fine and costs §31 – § 706.004(c)* & §33 – § 706.006 (c)(2)* info used to deny DL renewal can not be denied after 2nd anniversary of date ∆ failed to appear or failed to pay or satisfy a judgment

Omni Fee (Passed) §26 – § 706.006 Transp. Code now extends exceptions to include 1)state’s motion to dismiss w/ prejudice for lack of evidence, 2)FTA report sent in error, or 3) case is closed & FTA report destroyed pursuant to records retention policy. Exceptions already included acquittal. ? Regarding motion for dismissal with prejudice or order dismisssing with prejudice.

Omni Fee 2 (Introduced) §33 – § 706.006(e)* fee may be waived if judge over underlying offense makes finding that ∆ is unable to pay fee or good cause exists for the waiver §36 – § 708.0158(a) If a court with jurisdiction over a case used as basis for surcharges makes a finding that person is unable to pay the fine and cost DPS shall waive all surcharges §36 – § 708.0158(c) Court shall send notice w/i 5 days of ct.’s finding

Omni Fee 2 (Passed) §26 – § 706.006(d)* if judge over underlying offense finds ∆ indigent, no fee required. ∆ presumed to be indigent if: 1) must attend school full time per Ed. Code 2) member of household w/ annual income below 125% fed. poverty guidelines, or 3) receives assistance from programs under Chapter 31(aid for dependent children), 32 (med. assistance) or 33 (supplemental nutritional assistance program) Human Resources Code

§37 Repealed Art. 45.044 – Forfeiture of Cash Bond in satisfaction of fine Art. 102.072 – Administrative Transaction Fee ($2) Art. 45.0492(e) – Tutoring in Satisfaction of Fine or Costs

Thanks for Coming! Michael Acuña Municipal Judge City of Dallas (214) 671-9934 michael.acuna@dallascityhall.com