By: J. Johnson of Harris, Collier, Meza H.B. No. 80
(Senate Sponsor - Whitmire)
(In the Senate - Received from the House April 19, 2021;
May 10, 2021, read first time and referred to Committee on Criminal
Justice; May 20, 2021, reported favorably by the following vote:
Yeas 7, Nays 0; May 20, 2021, sent to printer.)
Click here to see the committee vote
A BILL TO BE ENTITLED
AN ACT
relating to the discharge by certain defendants of fines and costs
through community service.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 45.041, Code of Criminal Procedure, is
amended by adding Subsection (b-6) to read as follows:
(b-6) Notwithstanding Subsection (a-1) or any other
provision of this chapter, when imposing a fine and costs, the
justice or judge may not require a defendant who is under the
conservatorship of the Department of Family and Protective Services
or in extended foster care as provided by Subchapter G, Chapter 263,
Family Code, to pay any amount of the fine and costs. In lieu of the
payment of fine and costs, the justice or judge may require the
defendant to perform community service as provided by Article
45.049, 45.0492, as added by Chapter 227 (H.B. 350), Acts of the
82nd Legislature, Regular Session, 2011, or 45.0492, as added by
Chapter 777 (H.B. 1964), Acts of the 82nd Legislature, Regular
Session, 2011, as appropriate.
SECTION 2. The change in law made by this Act applies to a
sentencing proceeding that commences before, on, or after the
effective date of this Act.
SECTION 3. This Act takes effect September 1, 2021.
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