| 1 | 1 | | 86R7703 KJE-F |
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| 2 | 2 | | By: Johnson of Harris H.B. No. 1189 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the discharge by certain defendants of fines and costs |
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| 8 | 8 | | through community service. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Article 45.041, Code of Criminal Procedure, is |
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| 11 | 11 | | amended by adding Subsection (b-6) to read as follows: |
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| 12 | 12 | | (b-6) Notwithstanding any other provision of this chapter, |
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| 13 | 13 | | when imposing a fine and costs, the justice or judge may not require |
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| 14 | 14 | | a defendant who is under the conservatorship of the Department of |
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| 15 | 15 | | Family and Protective Services or in extended foster care as |
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| 16 | 16 | | provided by Subchapter G, Chapter 263, Family Code, to pay any |
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| 17 | 17 | | amount of the fine and costs. If the full amount of the fine and |
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| 18 | 18 | | costs is not waived under Article 45.0491, the justice or judge |
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| 19 | 19 | | shall require the defendant to perform community service to |
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| 20 | 20 | | discharge the unwaived amount of the fine and costs as provided by |
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| 21 | 21 | | Article 45.049, 45.0492, as added by Chapter 227 (H.B. 350), Acts of |
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| 22 | 22 | | the 82nd Legislature, Regular Session, 2011, or 45.0492, as added |
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| 23 | 23 | | by Chapter 777 (H.B. 1964), Acts of the 82nd Legislature, Regular |
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| 24 | 24 | | Session, 2011, as appropriate. |
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| 25 | 25 | | SECTION 2. The change in law made by this Act applies to a |
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| 26 | 26 | | sentencing proceeding that commences before, on, or after the |
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| 27 | 27 | | effective date of this Act. |
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| 28 | 28 | | SECTION 3. This Act takes effect September 1, 2019. |
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