Scenarios: Implementing SB 1913/HB

Scenarios: Implementing SB 1913/HB 351 2017 1. Citations, Citations, Citations In March of 2017, your court purchased 5,000 paper citations. Your police department issues roughly 200 citations per month. The citations include written notice of the time and place the person must appear before a magistrate; the name and address of the person charged; the offense charged; and a domestic violence admonishment. Your court realizes that there is not information regarding the alternatives to full payment of any fine or costs assessed, if the defendant is unable to pay. The court decides to do its best to admonish every defendant who shows up to court that there are alternatives to full payment for those found to be indigent. Is this okay? The law regarding citations lives in Art. 14.06 of the Code of Criminal Procedure. This is what gives peace officers the authority to give people citations rather than arresting them and taking them before a magistrate upon the alleged commission of a fineonly misdemeanor. By including this with the citation, this is the only guarantee that every defendant will be given notice regarding alternatives to full payment of fines OR costs. This is only notice, and it does not shift the decision regarding indigence, ability to pay, or alternative means away from the judge. It simply should create a more informed defendant and perhaps it will eliminate fear and lead to less failures to appear. A similar amendment, regarding notice of alternatives to full payment is made to Article 27.14(b) (Plea of Guilty or Nolo Contendere in Misdemeanor) in instances where the defendant in person or by mail enters a plea of guilty or no contest. Under Article 27.14(b), a court is required to notify the defendant of the fine and costs assessed, and if requested by the defendant, the amount of an appeal bond the court will approve. Previously, a court was required to notify the defendant in person or by certified mail, return receipt requested. Under the new law, the notice may be made in person by regular mail. The requirement of certified mail, return receipt requested is repealed. Is there a way to add to give this notice and not lose the remaining 4,000 citations? Notes TMCEC Regional Clerks Programs Mark Goodner

Scenarios: Implementing SB 1913/HB 351 2017 What other information had to be added to citations after the 85 th Legislative Session? 2. Judge s Bail It is August of 2017. A defendant has been charged by complaint with class C theft, and he has entered a plea of not guilty and requested a jury trial. A longstanding judicial order says that defendants must put down the equivalent of fine (according to the fine schedule) and court costs in order to avoid a warrant (or have it lifted) and be placed on the trial docket. Was this an acceptable practice? Is this still an acceptable practice? This would have been an legal practice prior to the passage of SB 1913 and HB 351. In fact, it was commonplace. Now, however, municipal judges are only authorized to require a personal bond to secure appearance under Art. 45.016 of the Code of Criminal Procedure. Before a municipal judge requires a bail bond now, three requirements must be met: 1. The defendant fails to appear with respect to the applicable offense; 2. The judges determines that the defendant has sufficient resources or income to give a bail bond; and 3. A bail bond must be necessary to secure appearance. Courts that still have practices requiring bail to assure the appearance of the accused should bring their policies to current standards. Remember, the purpose of bail is to make sure the defendant appears, not to prevent or punish defendants from getting on the docket. It is not a gatekeeper for a defendant exercising of their rights. Note: This is a confusing change, as Chapter 17 bail provisions applicable to magistrates were not updated. In this scenario, however, we are told that the person has been charged by complaint, and this is a standing order at the court. This should take us out of the purview of magistration and into judicial bail determination. Notes TMCEC Regional Clerks Programs Mark Goodner

Scenarios: Implementing SB 1913/HB 351 2017 3. Bail Me Out! After you visited with your judge, he changed his standing order restricting the requirement of bail bonds. The same defendant charged with theft was given a court date and released with a personal bond. He did not appear for his court date. He was subsequently arrested, the judge reviewed the defendant s finances and found that he could afford bail, and the judge found that the bail was necessary. The defendant was placed in jail and did not post bond. Today, you were given paperwork from the police department that the defendant still had not posted bail, and has now been in jail for 48 hours. What should you do? Should you tell them police that the judge has already seen him and set bail? Should you pass the information along to the judge? Under the new bail provisions in Art. 45.016, the judge SHALL reconsider the requirement for the defendant to give the bond. You should pass the information along so that the judge can reconsider his bail requirement. When reconsidering the bail, the judge must now presume that the defendant does not have sufficient resources or income to give the bond. This may likely lead to release, unless it is clear that the defendant is refusing to give a bail bond or personal bond. It should be noted that the court should keep track of time spent in jail and award jail credit accordingly. 4. Arresting Developments Sally was ticketed for failure to maintain financial responsibility. On her citation, she was given a court date of October 22, 2017. There has been no other communication between the court and Sally. She did not show up for the court date. May a charge of failure to appear be filed, and may a warrant be issued for her arrest for FTA? After the passage of H.B. 351 and S.B. 1913, things have changed. A failure to appear charge may be filed, but a warrant for FTA cannot be issued immediately. Now, a judge may not issue a warrant for nonappearance (like FTA or VPTA) unless they have Notes TMCEC Regional Clerks Programs Mark Goodner

Scenarios: Implementing SB 1913/HB 351 2017 provided by telephone or regular mail notice that includes: (A) a date and time when the defendant must appear before the judge (defendant may request an alternative date); (B) the name and address of the court with jurisdiction in the case; (C) information regarding 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. This is a new requirement that did not exist in the past. What is notice by telephone or regular mail? Could the judge issue a warrant for FMFR? 5. To Resolve or Not to Resolve Sally is ultimately given the required notice about her FMFR charge, and now she still misses the court date. A warrant is issued for her arrest for both FTA and FMFR. Sally is sent notice of the warrant and she appears at the window. She says she needs to take care of the case, and get her warrants lifted. She is told that she can plea no contest and pay, she may plea not guilty for a court date. She says that she isn t ready to enter a plea and that she needs a few days to think it over. She would still like her warrants to be lifted. Must her warrants be lifted? Under the new Article 45.014, a judge shall recall arrest warrants for failure to appear if a defendant voluntarily appears and resolves or makes a good faith effort to resolve the warrant. This is known as the Safe Harbor provision. Did Sally voluntarily appear? Did Sally resolve her warrant? Did she make a good faith effort? Sally probably did voluntarily appear, but it would be hard to make the case that she resolved her warrant or even made a good faith effort. That begs the question: What does it mean to resolve a warrant? Surely paying in full would be resolution. What if she Notes TMCEC Regional Clerks Programs Mark Goodner

Scenarios: Implementing SB 1913/HB 351 2017 made a not guilty plea and wanted to be put on the docket? Would it matter if the judge was or was not present? 6. Open Court Otis Otis received a citation for texting while driving. The appearance date on his citation is today. Otis has arrived and is speaking with the judge in open court. Otis says it is true, he was texting while driving, but that he didn t know it was illegal. The judge informs him of the recent change of law, and accepts Otis s plea of guilty. The judge enters judgment and fines Otis $125 plus court costs. She tells him that it is due immediately. Otis then comes to the window to get his paperwork and finish up, and he says to you that he can t pay. What is the best way to handle this? Under the amended Article 45.041, judges, during or immediately after imposing a sentence in a case in which the defendant entered a plea in open court, must inquire whether the defendant has sufficient resources or income to immediately pay all or part of the fine and costs. If the judge determines that the defendant does not have sufficient resources or income to immediately pay all or part of the fine and costs, the judge is to specify if the fine and costs shall be paid (1) at a later point in time or in intervals, (2) discharged by community services, (3) waived in full or part, or (4) satisfied in a combination of methods (1)-(3). In this case, the judge didn t inquire into the Otis s ability to pay. She is required to do so. How might your court facilitate this inquiry? 7. Non-paying Norman Norman came to see you last week at the window. He entered a plea of no-contest for a running a stop sign charge. Following a standing order, he was put on a payment plan that allowed him to pay $50 then and then to pay the balance due within 30 days. Norman never made another payment. It has been 40 days. The judge asks you to prepare a capias pro fine for his signature. Notes TMCEC Regional Clerks Programs Mark Goodner

Is this proper? Scenarios: Implementing SB 1913/HB 351 2017 No, a capias pro fine may not be issued for a Norman s failure to satisfy a judgment unless the court has provided notice stating that Norman has failed to satisfy the judgment and gives him a date and time of a show cause hearing. If Norman fails to show up to the show cause hearing or if he doesn t show good cause why the court should not issue the capias pro fine, then the capias pro fine may be issued. Capias pro fine show cause hearings have been recommended by TMCEC for the last year, and many courts have been doing them for some time. In this case, the judge should have asked you to provide a notice of show cause hearing for Norman. 8. Community Service Connie Connie was convicted of speeding. At the time of judgment, the judge inquired into her ability to pay. Connie was unemployed and was found to be indigent. The judge ordered her to do community service to discharge her judgment at the rate of $150 per 8 hours. The judge also discovered that Connie never graduated high school. He told Connie that he would give her community service credit for high school equivalency class. Is this permissible? Article 45.049 was greatly expanded in the 85 th Regular Legislature. Subsection (b) requires a defendant to perform, rather than participate, in community service. A court s order must now specify: (1) the number of hours of community service the defendant is required to perform; and (2) the date by which the defendant is required to submit to the court documentation verifying the defendant s completion of the community service (rather than the number of hours the defendant is required to work). Subsection (c) expands the way a defendant may be ordered to perform community service. As amended, community service includes attending (1) a work and job skills training program; (2) a Notes TMCEC Regional Clerks Programs Mark Goodner

Scenarios: Implementing SB 1913/HB 351 2017 preparatory class for the high school equivalency examination administered under Section 7.111, Education Code; (3) an alcohol or drug abuse program; (4) a rehabilitation program; (5) a counseling program, including a self-improvement program; (6) a mentoring program; or (7) any similar activity. Also of note is the fact that community service may be performed for another organization or an educational institution that provides services to the general public that enhances social welfare and the general well-being of the community. This is an expansion of the prior requirement that community service only be completed at a governmental or nonprofit organization. Practically, this amendment means the only limitation on whether an entity is qualified to be a community service provider is the discretion of a judge and whether the judge believes the entity provides services to the general public that enhances social welfare and the general well-being of the community. 9. Omnibase Omar Omar was ticketed for a violation of the daytime curfew ordinance in your city. He missed his courtdate, and then was placed into the Omnibase FTA program. Omar has since appeared and completed a deferred disposition to get his charge dismissed. However, Omar still has a hold on his license. As a full-time high school student, Omar discharged his special expense fee and court costs through community service. Must Omar still pay his Omnibase fee? Subsection (a) of Section 706.006 of the Transportation Code is amended as follows: A person who fails to appear for a complaint or citation, except where a court having jurisdiction over the underlying offense makes a finding that the person is indigent, is required to pay an administrative fee of $30 for each complaint or citation reported to DPS unless: (1) the person is acquitted of the charges for which the person failed to appear; (2) the charges on which the person failed to appear were dismissed with prejudice by motion of the appropriate prosecuting attorney for lack of evidence; (3) the failure to appear report was sent to DPS in error; or (4) the case regarding the complaint or citation is closed and Notes TMCEC Regional Clerks Programs Mark Goodner

Scenarios: Implementing SB 1913/HB 351 2017 the failure to appear report has been destroyed in accordance with the applicable political subdivision s records retention policy. Subsection (d) of Section 706.006 of the Transportation Code (Payment of Administrative Fee) is amended to prohibit a person, if found indigent by a criminal trial court having jurisdiction, from being required to pay an administrative fee before being allowed to renew their driver s license under the FTA Program. For purposes of the subsection, a person is presumed to be indigent if the person: (1) is required to attend school full time (Section 25.085, Education Code); (2) is a member of a household with a total annual income that is below 125 percent of the applicable income level established by the federal poverty guidelines; or (3) receives assistance from: the financial assistance program (Chapter 31, Human Resources Code), the medical assistance program (Chapter 32, Human Resources Code), the supplemental nutrition assistance program (Chapter 33, Human Resources Code), the federal special supplemental nutrition program for women, infants, and children (42 U.S.C. Section 1786), or the child health plan program (Chapter 62, Health and Safety Code). Notes TMCEC Regional Clerks Programs Mark Goodner

2 Comparison of Former and Amended Law - H.B. 351 and S.B. 1913 (85th Regular Legislative Session) Under Former Law 1. NOTICE OF ALTERNATIVES TO FULL PAYMENT: A citation must contain (1) written notice of 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, the court is required to notify the defendant either in person or by certified mail, return receipt requested, of the fine and costs assessed, and if requested by the defendant, the amount of an appeal bond the court will approve. A communication to the accused person from a third-party vendor as part of its services under a collections contract regarding the amount of payment that is acceptable to the court must include a notice of the person s right to enter a plea or go to trial on any offense charged. 2. PERSONAL BOND FEES: Article 17.42, Section 4(a) authorizes a court that requires a defendant to give a personal bond to assess a personal bond fee. Section (H.B. 351 / S.B. 1913) SECTION 1 / 1 SECTION 3 / 3 Under Amended Law (Effective, September 1, 2017) A citation must also contain information regarding the alternatives to full payment of any fine or costs assessed, if the person is convicted of the offense and is unable to pay that amount. Upon receiving a plea and a waiver of jury trial by mail, the court shall notify the defendant either in person or by regular mail of the amount of any fine or costs assessed in the case, information regarding the alternatives to the full payment of any fine or costs assessed against the defendant, if the defendant is unable to pay that amount, and, if requested by the defendant, the amount of an appeal bond the court will approve. SECTION 24 / 22 A communication to the accused person from a third-party vendor as part of its services under a collections contract regarding the amount of payment that is acceptable to the court must include: (1) a notice of the person s right to enter a plea or go to trial on any offense charged; and (2) a statement that, if the person is unable to pay the full amount of payment that is acceptable to the court, the person should contact the court regarding the alternatives to full payment that are available to resolve the case. SECTION 2 / 2 A court that requires a defendant to give a personal bond under Article 45.016 may not assess a personal bond fee under this subsection. Statute Art. 14.06(b), Art. 27.14(b), Art. 103.0031(j), Art. 17.42, Sec. 4(a), 3. BAIL: A judge may require the defendant to give bail to secure the defendant s appearance in accordance with the Code of Criminal Procedure. If the defendant fails to give bail, the defendant may be held in custody. SECTION 10 / 9 A judge is authorized to require a defendant to give a personal bond to secure appearance. The judge may not require a defendant to give a bail bond unless: (1) the defendant fails to appear with respect to the applicable offense; and (2) the judge determines that the defendant has sufficient resources/income to 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). Art. 45.016, 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). 4. WARRANT OF ARREST: When a sworn complaint or affidavit based on probable cause has been filed before the municipal court, the judge may issue a warrant for the arrest of the accused. No special rules exist for defendants who fail to appear at an initial court setting. SECTION 9 / 8 H.B. 351: A justice or judge may not issue an arrest warrant for the defendant s failure to appear at the initial court setting, unless: (1) the judge provides by telephone or regular mail notice that includes: (A) a date and time when the defendant must appear before the judge (defendant may request an alternative date); (B) the name and address of the court with jurisdiction in the case; (C) information regarding 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. Art. 45.014(e)- (f), 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.

3 Comparison of Former and Amended Law - H.B. 351 and S.B. 1913 (85th Regular Legislative Session) Under Former Law 5. SAFE HARBOR : Currently, there is no requirement to recall an arrest warrant for failure to appear if the defendant voluntarily appears to resolve the warrant and resolves it. Section (H.B. 351 / S.B. 1913) SECTION 9 / 8 Under Amended Law (Effective, September 1, 2017) H.B. 351: The judge shall recall an arrest warrant for the defendant s failure to appear if, before the arrest warrant is executed: (1) the defendant voluntarily appears to resolve the arrest warrant; and (2) the arrest warrant is resolved in any manner authorized by this code. S.B. 1913: The judge shall recall an arrest warrant for the defendant s failure to appear if the defendant voluntarily appears and makes a good faith effort to resolve the arrest warrant before the warrant is executed. Statute Art. 45.014(g), 6. ABILITY TO PAY INQUIRIES IN OPEN COURT: When imposing a fine and costs, a judge may, but is not required to, determine whether a defendant is unable to immediately pay the fine and costs. SECTION 11 / 10 During or immediately after imposing a sentence in a case in which the defendant entered a plea in open court, the judge shall inquire whether the defendant has sufficient resources/income to immediately pay all or part of the fine and costs. If the judge determines that the defendant does not, the judge shall determine whether the fine and costs should be: (1) required to be paid at some later date or in installments; (2) discharged by performing community service; (3) waived in full or in part; or (4) satisfied through any combination of those methods. Art. 45.041, 7. CAPIAS PRO FINE SHOW CAUSE HEARINGS: If the defendant is not in custody when the judgment is rendered or if the defendant fails to satisfy the judgment according to its terms, the court may order a capias pro fine, issued for the defendant s arrest. The Code of Criminal Procedure does not require that a defendant be given an opportunity to show cause for failure to satisfy the judgment according to its terms prior to the issuance of a capias pro fine. SECTION 13 / 12 H.B. 351: Before a court may issue a capias pro fine for the defendant s failure to satisfy the judgment, (1) the court must provide notice by regular mail that includes a statement that the defendant has failed to satisfy the judgment and the date and time of the show cause hearing; and (2) either the defendant fails to appear at the hearing or based on evidence presented at the hearing, the court determines that the capias pro fine should be issued. S.B. 1913: The court may not issue a capias pro fine for the defendant s failure to satisfy the judgment unless (1) the court holds a hearing on the defendant s ability to satisfy the judgment and (2) the defendant fails to appear at the hearing or based on evidence presented at the hearing, the court determines that the capias pro fine should be issued. Art. 45.045 (a-2), 8. CAPIAS PRO FINE SAFE HARBOR: A court is not required to recall a capias pro fine if, before the capias pro fine is executed, the defendant voluntarily appears to resolve the amount owed and the amount owed is resolved in any manner authorized by Chapter 45. SECTION 13 / 12 The court shall recall a capias pro fine if, before the capias pro fine is executed, the defendant voluntarily appears to resolve the amount owed and the amount owed is resolved in any manner authorized by Chapter 45. Art. 45.045 (a-3), 9. COMMITMENT HEARING: As part of the commitment hearing, the judge must make a written determination that (1) the defendant is not indigent and has failed to make a good faith effort to discharge the fine and costs; or (2) the defendant is indigent and has failed to make a good faith effort to discharge the fines and costs under Article 45.049; and could have done so without experiencing any undue hardship. SECTION 14 / 13 As part of the commitment hearing, the judge must make a written determination that (1) the defendant is not indigent and has failed to make a good faith effort to discharge the fine or costs; or (2) the defendant is indigent and has failed to make a good faith effort to discharge the fine or costs under Article 45.049; and could have done so without experiencing any undue hardship. Art. 45.046(a), 10. CAPIAS PRO FINE JAIL CREDIT: The jail credit rate for defendants placed in jail on a capias pro fine is not less than $50 for each period of time served, as specified by the convicting court in the judgment. SECTION 15 / 14 The jail credit rate for defendants placed in jail on a capias pro fine is not less than $100 for each period served, as specified by the convicting court in the judgment. Art. 45.048,.

4 Comparison of Former and Amended Law - H.B. 351 and S.B. 1913 (85th Regular Legislative Session) Under Former Law 11. COMMUNITY SERVICE: A court s community service order must specify the number of hours the defendant is required to work. The judge may order community service to be performed 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. Section (H.B. 351 / S.B. 1913) Under Amended Law (Effective, September 1, 2017) SECTION 16 / 15 A court s community service order must specify the required number of hours of community service the defendant is required to perform and the due date for submitting to the court documentation verifying completion of the community service. H.B. 351: The judge may order community service to be performed (1) by attending a work and job skills training program, a preparatory class for the high school equivalency examination administered under Section 7.111, Education Code, an alcohol or drug abuse program, a rehabilitation program, a counseling program, including a self-improvement program, a mentoring program, or any similar activity; or (2) for a governmental entity, a nonprofit organization or another organization that provides services to the general public that enhance social welfare and the general well-being of the community, as determined by the judge, or an educational institution. SB 1913: The judge may order community service to be performed (1) by attending a work and job skills training program, a preparatory class for the high school equivalency examination administered under Section 7.111, Education Code, or similar activity; or (2) for a governmental entity, a nonprofit organization or another organization that provides services to the general public that enhance social welfare and the general well-being of the community, as determined by the judge, or an educational institution. Statute Art. 45.049(b), Art. 45.049(c), A governmental entity or nonprofit organization that accepts a defendant to perform community service must agree to supervise and report on the defendant s work to the judge who ordered it. A defendant is considered to have discharged not less than $50 of fines or costs for each eight hours of community service performed under Article 45.049, Code of Criminal Procedure. A judge may require a defendant younger than 17 assessed a fine or costs for a Class C misdemeanor occurring on school grounds to discharge all or part of the costs by performing community service or attending a tutoring program. 12. WAIVER: A municipal court may waive payment of a fine or costs imposed on a defendant who defaults in payment if the court determines that: (1) the defendant is indigent or was, at the time the offense was committed, a child as defined by Article 45.058(h); and (2) discharging the fine and costs under Article 45.049 or as otherwise authorized by Chapter 45 would impose an undue hardship on the defendant. SECTIONS 18-20 / 17-19 An entity that accepts a defendant to perform community service must agree to supervise, either on-site or remotely, the defendant s community service and report on it to the judge who ordered it. A defendant is considered to have discharged not less than $100 of fines or costs for each eight hours of community service performed under Article 45.049, Code of Criminal Procedure. Art. 45.049(c-1), Art. 45.049(e), See, Section 16/15. Art 45.0492, SECTION 17 / 16 H.B. 351: A municipal court may waive payment of all or part of a fine or costs imposed on a defendant if the court determines that: (1) the defendant is indigent or does not have sufficient resources or income to pay all or part of the fine or costs or was, at the time the offense was committed, a child as defined by Article 45.058(h); and (2) discharging the fine or costs under Article 45.049 or as otherwise authorized by Chapter 45 would impose an undue hardship on the defendant. S.B. 1913: Same as H.B. 351, but also adds that a defendant is presumed to be indigent or to not have sufficient resources or income to pay all or part of the fine or costs if the defendant: (1) is in the conservatorship of the Department of Family and Protective Services, or was in the conservatorship of that department at the time of the offense; or (2) is designated as a homeless child or youth or an unaccompanied youth, as those terms are defined by 42 U.S.C. Section 11434a, or was so designated at the time of the offense. Art. 45.0491,

5 Comparison of Former and Amended Law - H.B. 351 and S.B. 1913 (85th Regular Legislative Session) Under Former Law 13. DPS OMNBASE FTA PROGRAM: The Department of Public Safety may not continue to deny renewal of a person s driver s license under Chapter 706 of the Transportation Code (Denial of Renewal of License for Failure to Appear) after receiving notice of perfection of an appeal, dismissal of the charge, posting of bond or other security, other suitable arrangement to pay the fine and costs, acquittal, error, or destruction in accordance with the record retention policy. The $30 administrative fee for each complaint or citation reported to DPS under Chapter 706 of the Transportation Code (Denial of Renewal of License for Failure to Appear) is not required if the person is acquitted of the charges for which the person failed to appear. Section 706.006 of the Transportation Code (Payment of Administrative Fee) does not contemplate that a person may be indigent or presumptions regarding indigence. Section (H.B. 351 / S.B. 1913) SECTIONS 28-29 / 25-26 Under Amended Law (Effective, September 1, 2017) DPS may not continue to deny renewal of a person s driver s license under Chapter 706 of the Transportation Code (Denial of Renewal of License for Failure to Appear) after receiving notice that the charge on which the person failed to appear was dismissed with prejudice for lack of evidence (in addition to the existing reasons under current law). The $30 administrative fee for each complaint or citation reported to DPS under Chapter 706 of the Transportation Code (Denial of Renewal of License for Failure to Appear) is not required if the charges on which the person failed to appear were dismissed with prejudice by motion of the appropriate prosecuting attorney for (1) lack of evidence, (2) if the failure to appear report was sent in error, or (3) if the respective case is closed or failure to appear report has been destroyed in accordance with the applicable records retention policy. For purposes of Section 706.006 of the Transportation Code, if the court makes a finding that the person is indigent, the person may not be required to pay the $30 administrative fee. For purposes of Subsection 706.006(d), a person is presumed to be indigent if the person: (1) is required to attend school full time under Section 25.085, Education Code; (2) is a member of a household with a total annual income that is below 125 percent of the applicable income level established by the federal poverty guidelines; or (3) receives assistance from the financial assistance program established under Chapter 31 of the Human Resources Code, the medical assistance program under Chapter 32 of the Human Resources Code, the supplemental nutrition assistance program established under Chapter 33 of the Human Resources Code, the federal special supplemental nutrition program for women, infants, and children authorized by 42 U.S.C. Section 1786, or the child health plan program under Chapter 62, Health and Safety Code. Statute Sec. 706.005, Trans. Code Sec. 706.006(a), Trans. Code Sec. 706.006(d), Trans. Code

NOTICE OF ALTERNATIVES TO FULL PAYMENT OF FINES OR COSTS: EXEMPLARS OF NOTICE FOR CITATIONS/WRITTEN PROMISE TO APPEAR EXEMPLAR 1: The judgment and sentence for the offense you are charged with is the payment of a fine and costs. If ordered to pay a fine and costs, and you cannot pay, notify the court immediately. If you are determined by the court to have insufficient resources or income to pay, the court is required to provide you other ways to discharge the fine and costs. EXEMPLAR 2: If you are assessed a fine and court costs as a result of this citation and you are unable to pay, bring this to the attention of the judge. For more information, contact the court or an attorney. Additional information can be found on-line: insert court s webpage related to fines, fees, and costs. EXEMPLAR 3: If you are convicted of an offense and are unable to pay the fine and court costs, you may have the court assess your ability to pay and the court may provide alternatives to full payment in satisfying the judgment.

TICKET NUMBER: STATE OF TEXAS VS IN THE MUNICIPAL COURT OF RECORD NO. 1 CITY OF COUNTY, TEXAS NAME OF DEFENDANT: ADDRESS OF DEFENDANT: DATE THIS NOTICE MAILED: NOTICE OF COURT DATE, NOTICE OF SAFE-HARBOR, AND ALTERNATIVES TO FULL PAYMENT OF FINES/COSTS AND CONSEQUENCES FOR FAILURE TO APPEAR IN COURT You have received a citation ( ticket ) and must appear in court. The alleged violation is set forth in your Citation. When you signed the citation, you agreed to make an appearance in this court on or before the date stated in the ticket. Your court date is set forth below, along with valuable information regarding alternatives to the full payment of fines and court costs and an explanation of the consequences if you fail to appear in court on this date (or fail to request this date be re-set to another date). PURSUANT TO THE TEXAS CODE OF CRIMINAL PROCEDURE, ARTICLE 45.014(e), (f) and (g), AND IN ACCORDANCE WITH SENATE BILL 1913, YOUR CASE HAS NOW BEEN SET FOR A COURT APPEARANCE. YOU ARE HEREBY ORDERED TO APPEAR IN THIS COURT AT THE TIME AND DATE AND LOCATION SET FORTH BELOW: O CLOCK M. ON THE DAY OF, 201, WHICH IS WITHIN 30 DAYS FROM TODAY S DATE. NAME & ADDRESS OF THIS COURT IS: TELEPHONE NUMBER OF THIS COURT IS: FAX NUMBER OF THIS COURT IS: EMAIL ADDRESS OF THIS COURT IS: COURT S WEBSITE: MAYBERRY MUNICIPAL COURT 100 MAIN STREET MAYBERRY, PN 000000

ALTERNATIVES TO THE FULL PAYMENT OF ANY FINE OR COSTS: If you are financially unable to pay a fine and/or court costs in full (one payment), there are other options, such as time-payment plans and community service hours instead of paying the fine and court costs. In certain situations in which a person cannot perform community service and is also Indigent and unable to pay out their fine and court costs on a time payment plan the Court will hear evidence about your financial situation to help resolve this matter and may even reduce the fine and court costs or eliminate them completely, depending on the severity of your financial situation. CONSEQUENCES IF YOU FAIL TO APPEAR IN COURT: Issuance of Criminal Warrants for your Arrest and Wanted Status Reported to Law Enforcement Agencies; Some cases are turned over to a Collection Agency which will add 30% of all fees and fines assessed if you are found guilty of this offense; the filing of additional criminal charges such as Failure to Appear; a hold being placed on renewal of your Driver s License and/or Vehicle Registration Renewal; and you will be subject to immediate arrest if law enforcement officials stop you on the street, in any public place, or at your place of employment or your residence. THIS COURT OFFERS YOU A SAFE HARBOR TO TURN YOURSELF IN ON CLASS C WARRANTS ISSUED BY THIS COURT: Before the passage of Senate Bill 1913, in order to promote justice, ensure due process and the equal treatment of all persons, some of whom may be indigent or facing financial hardships, and to help clear outstanding arrest warrants and capiases, this court instituted a policy that it will not arrest or jail any person who voluntarily surrenders themselves to this court on warrants issued by our court, if you make a good-faith effort to resolve the case before you are arrested and the warrant is executed. In other words, if you have active Class C misdemeanor warrants issued by this court and you voluntarily come in to court YOU WILL NOT BE ARRESTED, THE WARRANT(S) WILL BE RECALLED, AND YOU WILL BE GIVEN A COURT DATE TO SPEAK TO THE JUDGE ABOUT YOUR CASE, WITHOUT FEAR OF BEING ARRESTED. If you have any questions regarding this matter or if you know that you cannot appear on the date set in this letter, contact the court immediately so that we can provide you with a new court date. If you wish to take a Driver Safety Class (Defensive Driving class) and you are eligible or you wish to waive your right to trial, to legal counsel, and discovery and enter a plea of No Contest and pay the fine and court costs, without having to appear in court, please fill out, sign, and return the appropriate enclosed form when responding via mail, fax, or via email. DEPOSITED IN UNITED STATES MAIL on the day of, 201 Signature Court Clerk

SHOW CAUSE NOTICE PRIOR TO ISSUANCE OF CAPIAS PRO FINE (Art. 45.045, C.C.P.) CAUSE NUMBER: STATE OF TEXAS IN THE MUNICIPAL COURT VS. CITY OF COUNTY, TEXAS ORDER TO SHOW CAUSE Name: Offense: Address: The official Court record shows that you have failed to satisfy the judgment rendered against you on, 20 according to its terms. You are hereby ordered to appear before the Municipal Court at o'clock.m., on the day of, 20, for a hearing on your ability to satisfy the terms of the judgment. Specifically, you are accused of failing to:. If all the terms of the judgment are not timely satisfied on or before the date ordered above, you must appear on the date and time ordered above to show cause why a capias pro fine should not be issued. If the reason for failure to satisfy the judgment is an inability to pay, bring any documents with you to the hearing that you believe will help the judge determine your ability to pay, including pay stubs, bills, letters regarding government assistance, and similar documents. If the judge determines that you are unable to pay the fine and costs, alternatives to full payment of the fine and costs are available, such as installment payments and community service. It is your obligation to provide enough information for the Judge to be able to fully understand your financial situation. Failure to appear on this date and time may result in the issuance of a capias pro fine and commitment to jail to discharge the judgment under Article 45.046 of the Code of Criminal Procedure. Additional fees by law may result. (municipal court seal) Judge, Municipal Court City of County, Texas Editor s Note: Effective September 1, 2017, before a court may issue a capias pro fine for the defendant s failure to satisfy the judgment according to its terms: (1) the court must provide notice that includes a statement that the defendant has failed to satisfy the judgment according to its terms; and a date and time when the court will hold a hearing on the defendant s ability to satisfy the judgment according to its terms; and (2) either the defendant fails to appear at the hearing; or based on evidence presented at the hearing, the court determines that the capias pro fine should be issued.

COMMUNITY SERVICE ORDER (Art. 45.049, C.C.P.) CAUSE NUMBER: STATE OF TEXAS IN THE MUNICIPAL COURT VS. CITY OF COUNTY, TEXAS ORDER ON THIS DATE appeared, Defendant in the above styled and numbered cause, who, having been found guilty by the Court and assessed a fine and costs totaling $ in this cause on the day of, 20, (and the Court having determined that the Defendant has failed to pay such fine and costs) (and the Court having determined that the Defendant has insufficient resources or income to pay such fine and costs), it is hereby ORDERED, ADJUDGED, AND DECREED that the Defendant discharge (all of the fine and costs owed) (the remaining fine and costs owed) by performing community service as follows: 1. The Defendant shall perform a total of hours; 2. The Defendant's community service shall be completed no later than, 20 ; 3. The Defendant shall perform the community service: by attending a work and job skills training program; by attending a preparatory class for the high school equivalency examination administered under Section 7.111, E.C.; by attending an alcohol or drug abuse program; by attending a rehabilitation program; by attending a counseling program, including a self-improvement program, a mentoring program, or any similar activity; for a governmental entity, non-profit organization, or another organization that provides services to the general public that enhances the social welfare and general well-being of the community (other organization: ); for an educational institution; 4. The Defendant shall submit to the court documentation verifying the Defendant s completion of the community service by, 20 ; and the Court having further found that performing more than 16 hours of community service per week (will)(will not) impose an undue hardship on the Defendant, it is further ORDERED, ADJUDGED, AND DECREED that the Defendant shall perform no more than hours per week in discharging the above-ordered community service. A defendant is considered to have discharged $ of fines or costs for each eight hours of community service. A defendant may discharge this obligation to perform community service by paying at any time the fine and costs assessed. Dated: Judge, Municipal Court City of County, Texas (municipal court seal) Editor s Note: The Court may require the Defendant to discharge a fine and costs at not less than a minimum of $100 for every eight hours of community service performed. Art. 45.049(e), C.C.P. For community service orders on children under Article 45.0492, C.C.P., see the Judgments & Orders chapter.

FINDING OF INDIGENCE FOR PURPOSES OF SEC. 706.006, T.C. (OMNIBASE ADMINISTRATIVE FEE) CAUSE NUMBER: STATE OF TEXAS IN THE MUNICIPAL COURT VS. CITY OF COUNTY, TEXAS FINDING On the day of, 20, came to be heard Cause Number wherein, hereinafter called Defendant, was convicted of a misdemeanor offense to wit: on the day of, 20 and ordered to pay the fine and costs in the amount of $, of which $ has not been satisfied. The Court, having heard the evidence presented by the Defendant, and having reviewed all documentation provided, FINDS the defendant indigent. Pursuant to Section 706.006(d) of the Transportation Code, the Defendant may not be required to pay an administrative fee under Section 706.006. Judge, Municipal Court Date (municipal court seal) City of County, Texas Editor s Note: For purposes of Section 706.006(d) of the Transportation Code, a person is presumed to be indigent if the person: (1) is required to attend school full time under Section 25.085, Education Code; (2) is a member of a household with a total annual income that is below 125 percent of the applicable income level established by the federal poverty guidelines; or (3) receives assistance from: (A) the financial assistance program established under Chapter 31, Human Resources Code; (B) the medical assistance program under Chapter 32, Human Resources Code; (C) the supplemental nutrition assistance program established under Chapter 33, Human Resources Code; (D) the federal special supplemental nutrition program for women, infants, and children authorized by 42 U.S.C. Section 1786; or (E) the child health plan program under Chapter 62, Health and Safety Code.