Untitled Texas Attorney General Opinion

The Attorney General of Texas November 6. 1981 MARK WHITE Attorney General Honorable John T. Montford Opinion No. m-386 Supreme Court Building P. 0. Box 12546 Criminal District Attorney Austin. TX. 76711 2nd Floor. County Courthouse Re: Application of articles 5121475-2501 Lubbock, Texas 79401 43.09 and 42.03 of the Code of Telex 9101674-1367 Criminal Procedure to the Telecopier 51214750266 justice courts Dear Mr. Montford: 1607 Main Sl.. Suite 1400 Dallas. TX. 75201 You ask two questions which relate to the application of certain 2141742-8944 criminal procedure rules to the justice courts. 4624 Alberta Ave.. Suite 160 Your first question is: El Paso, TX. 79905 9151533.3464 Does article 43.09, as amended by the 67th Legislature (Senate Bill No. 430) raising the credit for fines and costs 'laid out' from $5 to 1220 Dallas Ave.. Suite 202 “ouston. TX. 77002 $15 per day, apply to fines and costs assessed in 7131650.0666 justice court in view of article 45.53, which provides for credit of $5 per day? 606 Broadway. Suite 312 The Sixty-seventh Legislature amended article 45.53 of the Code of Lubbock. TX. 79401 6061747-5236 Criminal Procedure to provide that a defendant placed in jail by order of a justice court may serve out his fine at the rate of "not less than $15 for each day." House Bill No. 647, Acts 1981, 67th Leg., ch. 4309 N. Tenth. Suite B 708, at 2648; see Code Crim. Proc. art. 45.52. Therefore, article McAllan. TX. 76501 5121662.4547 45.53 rather than 43.09 controls the credit for fines and costs assessed in justice court. 200 Main Plaza. Suite 400 Your second question is: San Antonio. TX. 78205 5121225.4191 Does article 42.03 of the Code of Criminal Procedure require justice courts to give credit A” Equal OpportunItyi for pre-conviction jail time? Affirtnatwe Action Employer The relevant section of article 42.03 reads: sec. 2. (a) In all criminal cases the judge of the court in which the defendant was convicted shall give the defendant credit on his sentence for the time that the defendant has spent in jail p. 1312 ’ ., Mr. John 2. Montford - Page 2 (MW-386) in said cause, from the time of his arrest and confinement until his sentence by the trial court. This is a general statute which applies to all convictions in the absence of a more specific enactment. See Ex parte Young, 136 S.W.2d 863 (Tex. Grim. App. 1940). We have not found a more specific statute relating to the credit of jail time served prior to conviction in justice court. In interpreting this statute, the Texas Court of Criminal Appeals has determined that a pre-conviction jail time credit against a defendant's later sentence is mandatory. Jones v. State, 545 S.W.2d 771 (Tex. Crim. App. 1977); Guerra v. State. 518 S.W.2d 815 (Tex. Grim. App. 1975). Therefore, because article 42.03 applies to justice courts as well as other state courts, they must give credit for pre-conviction jail time. SUMMARY Justice courts must comply with articles 42.03 and 45.53 of the Code of Criminal Procedure. g# Attorney General of Texas JOHN W. FAINTER, JR. First Assistant Attorney General RICHARD E. GRAY III Executive Assistant Attorney General Prepared by Dawn Bruner Assistant Attorney General APPROVED: OPINION COMMITTEE Susan L. Garrison, Chairman Jon Bible Dawn Bruner Rick Gilpin Maury Hexamer Jim Moellinger Bruce Youngblood p. 1313 ’ .