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Texas Code of Criminal Procedure - CRIM P Art. 45.046. Commitment

Current as of January 01, 2024 | Updated by Findlaw Staff

(a) When a judgment and sentence have been entered against a defendant and the defendant defaults in the discharge of the judgment, the judge may order the defendant confined in jail until discharged by law if the judge at a hearing makes 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:

(A) has failed to make a good faith effort to discharge the fine or costs under Article 45.049; and

(B) could have discharged the fine or costs under Article 45.049 without experiencing any undue hardship.

(b) A certified copy of the judgment, sentence, and order is sufficient to authorize such confinement.

(c) For purposes of a hearing described by Subsection (a), a defendant may be brought before the court in person or by means of an electronic broadcast system through which an image of the defendant is presented to the court. For purposes of this subsection, “electronic broadcast system” means a two-way electronic communication of image and sound between the defendant and the court and includes secure Internet videoconferencing.

<Text of (d), as added by Acts 2015, 84th Leg., ch. 1171 (S.B. 873), § 3>

(d) For purposes of a hearing described by Subsection (a), if the court that issued the capias pro fine is unavailable, the following judicial officers may conduct the hearing:

(1) a justice of the peace or county criminal law magistrate with jurisdiction over Class C misdemeanors who is located in the same county as the issuing court, if the issuing court was a justice of the peace court; or

(2) a municipal court judge who is located in the same municipality as the issuing court, if the issuing court was a municipal court.

<Text of (d), as added by Acts 2015, 84th Leg., ch. 1182 (S.B. 1139), § 9.03>

(d) For purposes of a hearing described by Subsection (a), if the court that issued the capias pro fine is unavailable, the following judicial officers may conduct the hearing:

(1) if the court that issued the capias pro fine was a justice of the peace, a justice of the peace or a county criminal law magistrate with jurisdiction over Class C misdemeanors that is located within the same county as the issuing court; or

(2) if the court that issued the capias pro fine was a municipal court, a municipal court judge that is located within the same city as the issuing municipal court.

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Cite this article: FindLaw.com - Texas Code of Criminal Procedure - CRIM P Art. 45.046. Commitment - last updated January 01, 2024 | https://codes.findlaw.com/tx/code-of-criminal-procedure/crim-ptx-crim-pro-art-45-046/

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