Municipal courts in Texas are tasked with ensuring fair and equitable treatment for all defendants, particularly those unable to pay fines and court costs due to indigence. With the implementation of Chapter 45A of the Texas Code of Criminal Procedure, the procedural safeguards for indigent defendants have been reorganized. This blog highlights some key protections in Chapter 45A and explains the legal distinction between waiving fines and waiving court costs.
Key Protections and Procedural Safeguards in Chapter 45A
- Assessment of Indigence
Under Art. 45A.252, when a defendant enters a plea in open court, courts must evaluate the defendant’s financial situation to determine their ability to pay fines and court costs. This step allows for a meaningful sentence that is tailored to the individual case. - Community Service as an Alternative
Courts may permit defendants with insufficient resources or income to discharge fines and court costs through community service under Art. 45A.254. - Waiver of Fines and Costs
Courts have the authority to waive fines and court costs for defendants under specific conditions:- Fines: Waiving fines requires a finding that the defendant is indigent and that other alternatives, such as community service, would impose an undue hardship (Art. 45A.257(a)).
- Court Costs: Waiving court costs does not require a finding of undue hardship. Courts may waive court costs based solely on indigence (or if the defendant was a child at the time of the offense) (Art. 45A.257(c)).
- Prohibition Against Incarceration for Nonpayment
Under Art. 45A.261, a court cannot confine a defendant in jail after failure to pay fines or costs unless, after notice and hearing, it determines a defendant is not indigent and also failed to make a good faith effort to discharge the sentence. Indigent defendants can only be confined if they fail to make a good faith effort to discharge through community service AND the court finds that they could have done so without experiencing any undue hardship. This follow the principle of Bearden v. Georgia that the nonpayment (or failure to discharge) must be willful before incarceration is a possibility. - Special Provisions for Juveniles
Under Art. 45A.459, courts may provide additional flexibility for juveniles, such as educational programs or community service to discharge fines and costs, instead of monetary penalties.
Join TMCEC’s Virtual Clinic: Fines, Fees, and Costs Revisited
To learn more about these protections and how to apply them in practice, register for TMCEC’s 4-Hour Virtual Clinic: Fines, Fees, and Costs Revisited, taking place on Wednesday, January 29, 2025, from 1:00 to 5:00 p.m.
Key Details:
- Date: January 29, 2025
- Time: 1:00 – 5:00 p.m.
- Location: Online (via TMCEC’s Online Learning Center)
- Cost: $100 (Optional CLE reporting fee: $50)
This clinic will cover the foundational principles from the 2017 Special Topic Session and explore key updates from SB 1913 and HB 351, which transformed how courts address indigence and alternative sentencing.
How to Register:
Visit register.tmcec.com, log in, and select the virtual clinic under “Live Courses.” Seats are limited, so sign up today!
Let TMCEC help you navigate the evolving landscape of fines, fees, and costs. We look forward to seeing you online!
Full Court Press 