H.B. No. 1964
AN ACT
relating to certain court orders against, and to discharging
through community service fines and costs assessed against, certain
juvenile defendants.
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. Article 45.057(b), Code of Criminal Procedure,
is amended to read as follows:
(b) On a finding by a justice or municipal court that a child
committed an offense that the court has jurisdiction of under
Article 4.11 or 4.14, the court has jurisdiction to enter an order:
(1) referring the child or the child's parent for
services under Section 264.302, Family Code;
(2) requiring that the child attend a special program
that the court determines to be in the best interest of the child
and, if the program involves the expenditure of municipal or county
funds, that is approved by the governing body of the municipality or
county commissioners court, as applicable, including a
rehabilitation, counseling, self-esteem and leadership, work and
job skills training, job interviewing and work preparation,
self-improvement, parenting, manners, violence avoidance,
tutoring, sensitivity training, parental responsibility, community
service, restitution, advocacy, or mentoring program; or
(3) requiring that the child's parent do any act or
refrain from doing any act that the court determines will increase
the likelihood that the child will comply with the orders of the
court and that is reasonable and necessary for the welfare of the
child, including:
(A) attend a parenting class or parental
responsibility program; and
(B) attend the child's school classes or
functions.
SECTION 4. 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 5. This Act takes effect September 1, 2011.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1964 was passed by the House on April
20, 2011, by the following vote: Yeas 139, Nays 5, 2 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 1964 on May 24, 2011, by the following vote: Yeas 144, Nays 0,
1 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 1964 was passed by the Senate, with
amendments, on May 21, 2011, by the following vote: Yeas 31, Nays
0.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor