| 1 | 1 | | 88R12378 CJD-D |
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| 2 | 2 | | By: J. Johnson of Harris H.B. No. 2909 |
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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 imposition of fines and costs for a defendant who is |
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| 8 | 8 | | younger than 18 years of age. |
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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. Articles 45.041(b-3) and (b-6), Code of Criminal |
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| 11 | 11 | | Procedure, are amended to read as follows: |
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| 12 | 12 | | (b-3) A judge may require [allow] a defendant who is a |
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| 13 | 13 | | child, as defined by Article 45.058(h), [to elect] at the time of |
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| 14 | 14 | | conviction, as defined by Section 133.101, Local Government Code, |
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| 15 | 15 | | to receive [discharge the fine and costs by: |
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| 16 | 16 | | [(1) performing community service or receiving] |
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| 17 | 17 | | tutoring under Article 45.0492, as added by Chapter 227 (H.B. 350), |
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| 18 | 18 | | Acts of the 82nd Legislature, Regular Session, 2011[; or |
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| 19 | 19 | | [(2) paying the fine and costs in a manner described by |
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| 20 | 20 | | Subsection (b)]. |
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| 21 | 21 | | (b-6) Notwithstanding Subsection (a-1) or any other |
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| 22 | 22 | | provision of this chapter, when imposing a fine and costs, the |
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| 23 | 23 | | justice or judge may not require a defendant who is younger than 18 |
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| 24 | 24 | | years of age [under the conservatorship of the Department of Family |
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| 25 | 25 | | and Protective Services or in extended foster care as provided by |
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| 26 | 26 | | Subchapter G, Chapter 263, Family Code,] to pay any amount of the |
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| 27 | 27 | | fine and costs. In lieu of the payment of fine and costs, the |
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| 28 | 28 | | justice or judge may require the defendant to perform community |
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| 29 | 29 | | service as provided by Article 45.049, 45.0492, as added by Chapter |
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| 30 | 30 | | 227 (H.B. 350), Acts of the 82nd Legislature, Regular Session, |
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| 31 | 31 | | 2011, or 45.0492, as added by Chapter 777 (H.B. 1964), Acts of the |
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| 32 | 32 | | 82nd Legislature, Regular Session, 2011, as appropriate. |
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| 33 | 33 | | SECTION 2. The change in law made by this Act applies to a |
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| 34 | 34 | | sentencing proceeding that commences on or after the effective date |
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| 35 | 35 | | of this Act, regardless of whether the offense for which the |
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| 36 | 36 | | defendant is convicted was committed before, on, or after the |
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| 37 | 37 | | effective date of this Act. |
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| 38 | 38 | | SECTION 3. This Act takes effect September 1, 2023. |
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