82R2194 AJZ-D
By: Van de Putte S.B. No. 719
A BILL TO BE ENTITLED
AN ACT
relating to discharging fines and costs assessed against certain
juvenile defendants through community service or tutoring.
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 OR TUTORING 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 occurring in a
building or on the grounds of the primary or secondary school at
which the defendant was enrolled at the time of the offense.
(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 or attending a tutoring program that
is satisfactory to the court. A defendant may discharge an
obligation to perform community service or attend a tutoring
program 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 participate in community service work or a tutoring program
under this article, the justice or judge must specify the number of
hours the defendant is required to work or attend tutoring.
(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 tutoring program that accepts a defendant under this
article must agree to supervise the defendant in the attendance of
the tutoring program and report on the defendant's work to the
justice or judge who ordered the tutoring.
(f) A justice or judge may not order a defendant to perform
more than 16 hours of community service per week or attend more than
16 hours of tutoring per week under this article unless the justice
or judge determines that requiring additional hours of work or
tutoring 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.
(g) A defendant is considered to have discharged not less
than $50 of fines or costs for each eight hours of community service
performed or tutoring program attended under this article.
(h) A sheriff, employee of a sheriff's department, county
commissioner, county employee, county judge, justice of the peace,
municipal court judge, officer or employee of a political
subdivision other than a county, nonprofit organization, or
tutoring program is not liable for damages arising from an act or
failure to act in connection with an activity 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, grossly negligent, or
performed with conscious indifference or reckless disregard for the
safety of others.
(i) 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 or attending a
tutoring program 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.