BILL ANALYSIS

C.S.H.B. 541

By: Longoria

Corrections

Committee Report (Substituted)

BACKGROUND AND PURPOSE

Under current law, judges have the authority to order defendants under community supervision to make a donation to certain charitable organizations in lieu of performing community service. Some local judges, probation officers, and administrators have argued that the law is overly limiting and should be inclusive of more organizations, which would provide more aid to these organizations in the surrounding community and more options for defendants. C.S.H.B. 541 seeks to address this issue by expanding the organizations to which such a defendant may make a donation.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

C.S.H.B. 541 amends the Code of Criminal Procedure to authorize a judge to order a defendant, as a condition of community supervision, to make a specified donation to the following organizations in lieu of requiring the defendant to work at one or more community service projects:

· a charitable organization engaged primarily in serving defendants under community supervision in the community in which the defendant resides; or

· a veterans county service office operating in the county in which the defendant resides.

C.S.H.B. 541 amends the Government Code to prohibit the commissioners court of a county that maintains a veterans county service office from considering such a donation for purposes of determining the county's budget for the office.

EFFECTIVE DATE

September 1, 2023.

COMPARISON OF INTRODUCED AND SUBSTITUTE

While C.S.H.B. 541 may differ from the introduced in minor or nonsubstantive ways, the following summarizes the substantial differences between the introduced and committee substitute versions of the bill.

The substitute includes a provision absent from the introduced authorizing a judge to order a defendant, as a condition of community supervision, to make a specified donation to a veterans county service office operating in the county in which the defendant resides in lieu of requiring the defendant to work at one or more community service projects.

The substitute includes a prohibition absent from the introduced against the commissioners court of a county that maintains a veterans county service office considering such a donation for purposes of determining the county's budget for the office.