Honorable Henry Wade opinion No. (c-594)
District Attorney
Records Building Re: Whether Article 43.09
Dallas, Texas of the Co&? -of Criminal.
Procedure (1966) applies
to the dischargingof fines
ma costs adjudged against
a defendantprior to January
Dear Sirf 1, 1966.
In a rebent opinion request of this office you submit
the followihg~question:
"Under the provisions of Article 43.09,
Code of Criminal Procedure of the State of
Texas, must all prisoners convicted of a mis-
demeanor and imprisoned in the Dallas County
jail for the purpose of dischargingthe full
amount of~the pecuniary-fineand cost adjudged
against the respective prisoner, be credited
at the rate of five dollar~sfor each day or
fraction of a day so served in jail on or
'afterJanuary 1, 1966, even though such a
prisoner was so.convicteaand the pecuniary
fine and cost were adjudged agaLnst him prior
to January 1, 19661”
Article 43.09, code of Criminal Procedure'ofTexas;
1966, is as follows:
'When a defendant is convicted of a misae-
mesnor and his punishment is assessed at a
pecuniary fine, if he is unable to pay the fine
.and costs adjudged against him he may for such
time as will satisfy the judgment be put to
work in the workhouse, or on the county farm,
or public improvementsof the county, as pro-
vided in the succeedingArticle; or if there
. be no such workhouse, farm or improvements,
he~shall be imprisoned in jail for a sufficient
length of time to discharge the full amount of
fine and costs adjudged against him; rating
such labor or imprisonmentat five dollars for
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Honorable Heury Wade, page 2 (C-594)
each day thereof;provided, however, that
the 'defendant
_ BIW pag @
-._ p-9 fim_
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assesses agaxnst mm at any time while he
is serving at work ia the uorkbouse, or on
the county farm, or on the public Uprove-
ments'of the couuty, or while he is serving
his jail sentence,and iu such iustauceshe
shall be entitledto a credit of.fLve dollars
for each day or fraction of a day that he
has served sud he shall ouly be required to ..
pay his balauce of the pecuniary fine assessed
against him."
The above quoted Article r&pealed,Article793 of the
old Code of CriminalProcedurewhich provided substs.ntlal3.y
aa does the new Article with the exception that a person
convicted of a tisdemesnorunder the old Code was Imprisoned
in jail for a sufflcleutlength of time to discharge the
full amount of fine and costs adjudged against hiu at the
rate of three dollars ($3.OO.a day. It Is oqr oplulou
that eveu though a prisoner was condcted of a mlsdemeauor
prior to Jannary 1, 1966, if he-.wereco-ed in jail as
a~resultof that convictionoa or after that date he would
receive credittoward satisractlcm'ofthe.flne and costs.
adjudged e&mst.h3.m at a iate.bf flve dol&aG. $5.00) for
eeoh day he was Amprisoned~in. jell on.or after 5snuary 1,
.1966. This is a chauge in'sprocedural remdyaud it seems
clear that-in Texes such changes lasybe made to effect all
proceedlugspending at the tiae of their enactment..Barnett
v. State 62 S.W. 763, (Tex'.Grim. 1gCO); Odenthall vT3?SZ,
20943 (vex.trim. 1926).
Also; attentionIs invited to Article 1.02 of the new
Code of Criminal Procedurewhich is as follows:
"This code shall take effect and'be In
force on and after Jan- 1; 1966. Ths pro-
cedure herein prescribed shall govern all
cr%.uWal proceedingsinstitutedafter the
effectivedate of this ACt eud~a&l,.proceedLugs
pezyHug upon the effective date hereof insofar
as .izme
appllcable.",~
In addktloB.'twthtvi%aso&ngpoSnted'out-above,it is
noted that'iIrt@le,793of the e&d Cod~',oF~:Pvwc+dure
ras~speclflcallyrepealed as af.Jauuary 1,.1966, and Xthe
pzvx&m~eutllned lu Article 43.29 ef the ueu Code ware..uot
-followed,there'ueuldIzeno statute cont.rOll$ngthe-rat&
at whlch.a prlsoaer rould rkceive crSlt~tow&rd
i the satisfaction
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. .
Honorable Henry Wade, page 3 (C-594)
- of the fine and costs adjudged against him.
, SUMMARY
----w-s
A person convicted of a misdemeanor and
imprisoned in a county jail for the pur-
pose of dischargingthe amount of fine
and costs adjudged against him is credited
at the rate of five dollars ($5.00) a day
for each day or fraction of a day so served
in jail on or after January 1, 1966, even
though such prisoner was convicted and the
fine and costs assessed against him prior
to January 1, 1966.
Yours very truly;
WAGGONER CARR
Attorney General of Texas
SK/lb
APPROVRD:
OPINION COMMITTEE:
W. V. Geppert, Chairman
Lonnie Zwiener
Thomas hack
Edward Moffett
Charles M. Bordwell
APPROVED FOR TRB ATTORNEY GENERAL:
BY: T. B.'Wright
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