88R12378 CJD-D
By: J. Johnson of Harris H.B. No. 2909
A BILL TO BE ENTITLED
AN ACT
relating to the imposition of fines and costs for a defendant who is
younger than 18 years of age.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Articles 45.041(b-3) and (b-6), Code of Criminal
Procedure, are amended to read as follows:
(b-3) A judge may require [allow] a defendant who is a
child, as defined by Article 45.058(h), [to elect] at the time of
conviction, as defined by Section 133.101, Local Government Code,
to receive [discharge the fine and costs by:
[(1) performing community service or receiving]
tutoring under Article 45.0492, as added by Chapter 227 (H.B. 350),
Acts of the 82nd Legislature, Regular Session, 2011[; or
[(2) paying the fine and costs in a manner described by
Subsection (b)].
(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 younger than 18
years of age [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 on or after the effective date
of this Act, regardless of whether the offense for which the
defendant is convicted was committed before, on, or after the
effective date of this Act.
SECTION 3. This Act takes effect September 1, 2023.