By: Villarreal, et al. H.B. No. 1964
(Senate Sponsor - Van de Putte)
(In the Senate - Received from the House April 26, 2011;
April 29, 2011, read first time and referred to Committee on
Criminal Justice; May 16, 2011, reported adversely, with favorable
Committee Substitute by the following vote: Yeas 7, Nays 0;
May 16, 2011, sent to printer.)
COMMITTEE SUBSTITUTE FOR H.B. No. 1964 By: Patrick
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) The justice or judge may order the defendant to perform
community service work under this article only for a governmental
entity or a nonprofit organization that provides services to the
general public that enhance social welfare and the general
well-being of the community. A governmental entity or nonprofit
organization that accepts a defendant under this article to perform
community service must agree to supervise the defendant in the
performance of the defendant's work and report on the defendant's
work to the justice or judge who ordered the community service.
(e) A justice or judge may not order a defendant to perform
more than 16 hours of community service per week under this article
unless the justice or judge determines that requiring additional
hours of work does not cause a hardship on the defendant or the
defendant's family. For purposes of this subsection, "family" has
the meaning assigned by Section 71.003, Family Code.
(f) 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.
(g) A local juvenile probation 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.
* * * * *