Texas Statutes (Last Updated: January 4, 2014) |
CODE OF CRIMINAL PROCEDURE |
Title 1. CODE OF CRIMINAL PROCEDURE |
Chapter 45. JUSTICE AND MUNICIPAL COURTS |
Subchapter B. PROCEDURES FOR JUSTICE AND MUNICIPAL COURTS |
Art. 45.041. JUDGMENT |
(a) The judgment and sentence, in case of conviction in a criminal action before a justice of the peace or municipal court judge, shall be that the defendant pay the amount of the fine and costs to the state. (b) Subject to Subsection (b-2), the justice or judge may direct the defendant: (1) to pay: (A) the entire fine and costs when sentence is pronounced; (B) the entire fine and costs at some later date; or (C) a specified portion of the fine and costs at designated intervals; (2) if applicable, to make restitution to any victim of the offense; and (3) to satisfy any other sanction authorized by law. (b-1) Restitution made under Subsection (b)(2) may not exceed $5,000 for an offense under Section 32.41, Penal Code. (b-2) When imposing a fine and costs, if the justice or judge determines that the defendant is unable to immediately pay the fine and costs, the justice or judge shall allow the defendant to pay the fine and costs in specified portions at designated intervals. (c) The justice or judge shall credit the defendant for time served in jail as provided by Article 42.03. The credit shall be applied to the amount of the fine and costs at the rate provided by Article 45.048. (d) All judgments, sentences, and final orders of the justice or judge shall be rendered in open court. |
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722. Amended by Acts 1971, 62nd Leg., p. 2990, ch. 987, Sec. 5, eff. June 15, 1971. Renumbered from Vernon's Ann.C.C.P. art. 45.50 and amended by Acts 1999, 76th Leg., ch. 1545, Sec. 39, eff. Sept. 1, 1999. Amended by: Acts 2007, 80th Leg., R.S., Ch. 1393 , Sec. 2, eff. September 1, 2007. Acts 2011, 82nd Leg., R.S., Ch. 464 , Sec. 3, eff. September 1, 2011. |