| 1 | | - | H.B. No. 80 |
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| 1 | + | By: J. Johnson of Harris, Collier, Meza H.B. No. 80 |
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| 2 | + | (Senate Sponsor - Whitmire) |
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| 3 | + | (In the Senate - Received from the House April 19, 2021; |
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| 4 | + | May 10, 2021, read first time and referred to Committee on Criminal |
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| 5 | + | Justice; May 20, 2021, reported favorably by the following vote: |
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| 6 | + | Yeas 7, Nays 0; May 20, 2021, sent to printer.) |
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| 7 | + | Click here to see the committee vote |
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| 4 | 11 | | AN ACT |
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| 5 | 12 | | relating to the discharge by certain defendants of fines and costs |
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| 6 | 13 | | through community service. |
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| 7 | 14 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 8 | 15 | | SECTION 1. Article 45.041, Code of Criminal Procedure, is |
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| 9 | 16 | | amended by adding Subsection (b-6) to read as follows: |
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| 10 | 17 | | (b-6) Notwithstanding Subsection (a-1) or any other |
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| 11 | 18 | | provision of this chapter, when imposing a fine and costs, the |
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| 12 | 19 | | justice or judge may not require a defendant who is under the |
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| 13 | 20 | | conservatorship of the Department of Family and Protective Services |
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| 14 | 21 | | or in extended foster care as provided by Subchapter G, Chapter 263, |
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| 15 | 22 | | Family Code, to pay any amount of the fine and costs. In lieu of the |
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| 16 | 23 | | payment of fine and costs, the justice or judge may require the |
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| 17 | 24 | | defendant to perform community service as provided by Article |
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| 18 | 25 | | 45.049, 45.0492, as added by Chapter 227 (H.B. 350), Acts of the |
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| 19 | 26 | | 82nd Legislature, Regular Session, 2011, or 45.0492, as added by |
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| 20 | 27 | | Chapter 777 (H.B. 1964), Acts of the 82nd Legislature, Regular |
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| 21 | 28 | | Session, 2011, as appropriate. |
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| 22 | 29 | | SECTION 2. The change in law made by this Act applies to a |
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| 23 | 30 | | sentencing proceeding that commences before, on, or after the |
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| 24 | 31 | | effective date of this Act. |
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| 25 | 32 | | SECTION 3. This Act takes effect September 1, 2021. |
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| 26 | | - | ______________________________ ______________________________ |
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| 27 | | - | President of the Senate Speaker of the House |
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| 28 | | - | I certify that H.B. No. 80 was passed by the House on April |
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| 29 | | - | 15, 2021, by the following vote: Yeas 127, Nays 18, 1 present, not |
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| 30 | | - | voting. |
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| 31 | | - | ______________________________ |
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| 32 | | - | Chief Clerk of the House |
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| 33 | | - | I certify that H.B. No. 80 was passed by the Senate on May 26, |
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| 34 | | - | 2021, by the following vote: Yeas 31, Nays 0. |
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| 35 | | - | ______________________________ |
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| 36 | | - | Secretary of the Senate |
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| 37 | | - | APPROVED: _____________________ |
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| 38 | | - | Date |
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| 39 | | - | _____________________ |
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| 40 | | - | Governor |
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| 33 | + | * * * * * |
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