82R4667 AJZ-D
By: Villarreal, et al. H.B. No. 1964
A BILL TO BE ENTITLED
AN ACT
relating to discharging fines and costs assessed against certain
juvenile defendants through community service.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 45, Code of Criminal
Procedure, is amended by adding Article 45.0492 to read as follows:
Art. 45.0492. COMMUNITY SERVICE IN SATISFACTION OF FINE OR
COSTS FOR CERTAIN JUVENILE DEFENDANTS. (a) This article applies
only to a defendant younger than 17 years of age who is assessed a
fine or costs for a Class C misdemeanor.
(b) A justice or judge may require a defendant described by
Subsection (a) to discharge all or part of the fine or costs by
performing community service. A defendant may discharge an
obligation to perform community service under this article by
paying at any time the fine and costs assessed.
(c) In the justice's or judge's order requiring a defendant
to perform community service under this article, the justice or
judge shall specify the number of hours of service the defendant is
required to perform and may not order more than 200 hours of
service.
(d) A sheriff, employee of a sheriff's department, county
commissioner, county employee, county judge, justice of the peace,
municipal court judge, or officer or employee of a political
subdivision other than a county is not liable for damages arising
from an act or failure to act in connection with community service
performed by a defendant under this article if the act or failure to
act:
(1) was performed pursuant to court order; and
(2) was not intentional, wilfully or wantonly
negligent, or performed with conscious indifference or reckless
disregard for the safety of others.
(e) A community supervision and corrections department or a
court-related services office may provide the administrative and
other services necessary for supervision of a defendant required to
perform community service under this article.
SECTION 2. Article 45.051(a-1), Code of Criminal Procedure,
is amended to read as follows:
(a-1) Notwithstanding any other provision of law, as an
alternative to requiring a defendant charged with one or more
offenses to make payment of all court costs as required by
Subsection (a), the judge may:
(1) allow the defendant to enter into an agreement for
payment of those costs in installments during the defendant's
period of probation;
(2) require an eligible defendant to discharge all or
part of those costs by performing community service under Article
45.049 or 45.0492; or
(3) take any combination of actions authorized by
Subdivision (1) or (2).
SECTION 3. The changes in law made by this Act apply only to
an offense committed or conduct that occurs on or after the
effective date of this Act. An offense committed or conduct that
occurs before the effective date of this Act is governed by the law
in effect when the offense was committed or the conduct occurred,
and the former law is continued in effect for that purpose. For
purposes of this section, an offense is committed or conduct occurs
before the effective date of this Act if any element of the offense
or conduct occurs before the effective date.
SECTION 4. This Act takes effect September 1, 2011.