Which statutory provisions govern the procedural requirements before issuing a capias pro fine?

Which statutory provisions govern the procedural requirements before issuing a capias pro fine?

• A. Article 45.046(b)/45A.261(b)
• B. Article 45.046(a)/45A.261(a)
• C. Article 45.047(a)/45A.262(a)
• D. Article 45.046(c)/45A.260(c)

Answer: (B)

Before a capias pro fine can be issued, the court must ensure proper notice and an opportunity to be heard about the unpaid fine. The provisions that govern these pre-capias steps are Article 45.046(a) and Article 45A.261(a). They require the court to notify the defendant of the failure to pay and to provide a date for appearance or a show-cause hearing, giving the defendant a chance to explain why payment hasn’t been made or to propose a payment plan. Only after that notice and opportunity to be heard can the court move forward if nonpayment or nonappearance persists. This protection of due process ensures arrest for nonpayment isn’t issued without the defendant having a real chance to address the debt. The other subsections cover different specifics or later steps, but the essential pre-capias requirement is captured in the a subsections of these articles.

Before a capias pro fine can be issued, the court must ensure proper notice and an opportunity to be heard about the unpaid fine. The provisions that govern these pre-capias steps are Article 45.046(a) and Article 45A.261(a). They require the court to notify the defendant of the failure to pay and to provide a date for appearance or a show-cause hearing, giving the defendant a chance to explain why payment hasn’t been made or to propose a payment plan. Only after that notice and opportunity to be heard can the court move forward if nonpayment or nonappearance persists. This protection of due process ensures arrest for nonpayment isn’t issued without the defendant having a real chance to address the debt. The other subsections cover different specifics or later steps, but the essential pre-capias requirement is captured in the a subsections of these articles.