1-1 By: Turner of Harris (Senate Sponsor - Whitmire) H.B. No. 930
1-2 (In the Senate - Received from the House May 5, 1993;
1-3 May 6, 1993, read first time and referred to Committee on Criminal
1-4 Justice; May 11, 1993, reported favorably by the following vote:
1-5 Yeas 6, Nays 0; May 11, 1993, sent to printer.)
1-6 COMMITTEE VOTE
1-7 Yea Nay PNV Absent
1-8 Whitmire x
1-9 Brown x
1-10 Nelson x
1-11 Sibley x
1-12 Sims x
1-13 Turner x
1-14 West x
1-15 A BILL TO BE ENTITLED
1-16 AN ACT
1-17 relating to the authority of a justice of the peace or municipal
1-18 judge to order community service in satisfaction of fine or costs
1-19 and to the justice precinct in which persons may be tried or in
1-20 which a constable may be allowed a fee.
1-21 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-22 SECTION 1. Chapter 45, Code of Criminal Procedure, is
1-23 amended by adding Article 45.521 to read as follows:
1-24 Art. 45.521. COMMUNITY SERVICE IN SATISFACTION OF FINE OR
1-25 COSTS. (a) A justice or judge may require a defendant who fails
1-26 to pay a previously assessed fine or costs, or who is determined
1-27 by the court to have insufficient resources or income to pay a fine
1-28 or costs, to discharge all or part of the fine or costs by
1-29 performing community service. A defendant may discharge an
1-30 obligation to perform community service under this article by
1-31 paying at any time the fine and costs assessed.
1-32 (b) In the justice's or judge's order requiring a defendant
1-33 to participate in community service work under this article, the
1-34 justice or judge must specify:
1-35 (1) the number of hours the defendant is required to
1-36 work;
1-37 (2) the entity or organization for which the defendant
1-38 is required to work; and
1-39 (3) the project on which the defendant is required to
1-40 work.
1-41 (c) The justice or judge may order the defendant to perform
1-42 community service work under this article only for a governmental
1-43 entity or a nonprofit organization that provides services to the
1-44 general public that enhance social welfare and the general
1-45 well-being of the community. A governmental entity or nonprofit
1-46 organization that accepts a defendant under this article to perform
1-47 community service must agree to supervise the defendant in the
1-48 performance of the defendant's work and report on the defendant's
1-49 work to the justice or judge who ordered the community service.
1-50 (d) A justice or judge may not order a defendant to perform
1-51 more than 16 hours per week of community service under this article
1-52 unless the justice or judge determines that requiring the defendant
1-53 to work additional hours does not work a hardship on the defendant
1-54 or the defendant's dependents.
1-55 (e) A defendant is considered to have discharged $50 of
1-56 fines or costs for each eight hours of community service performed
1-57 under this article.
1-58 (f) A sheriff, employee of a sheriff's department, county
1-59 commissioner, county employee, county judge, justice of the peace,
1-60 municipal court judge, or officer or employee of a political
1-61 subdivision other than a county is not liable for damages arising
1-62 from an act or failure to act in connection with manual labor
1-63 performed by a defendant under this article if the act or failure
1-64 to act:
1-65 (1) was performed pursuant to court order; and
1-66 (2) was not intentional, wilfully or wantonly
1-67 negligent, or performed with conscious indifference or reckless
1-68 disregard for the safety of others.
2-1 SECTION 2. The heading of Article 45.22, Code of Criminal
2-2 Procedure, is amended to read as follows:
2-3 Art. 45.22. OFFENSES IN COUNTIES OF LESS THAN 2,000,000 AND
2-4 OVER 225,000; VENUE; FEE OF CONSTABLE; PENALTIES.
2-5 SECTION 3. Section 4, Article 45.22, Code of Criminal
2-6 Procedure, is amended to read as follows:
2-7 Sec. 4. The provisions of this Article shall apply only to
2-8 counties having a population of less than 2,000,000 and over
2-9 225,000 <or over> according to the last preceding federal census.
2-10 SECTION 4. The importance of this legislation and the
2-11 crowded condition of the calendars in both houses create an
2-12 emergency and an imperative public necessity that the
2-13 constitutional rule requiring bills to be read on three several
2-14 days in each house be suspended, and this rule is hereby suspended,
2-15 and that this Act take effect and be in force from and after its
2-16 passage, and it is so enacted.
2-17 * * * * *
2-18 Austin,
2-19 Texas
2-20 May 11, 1993
2-21 Hon. Bob Bullock
2-22 President of the Senate
2-23 Sir:
2-24 We, your Committee on Criminal Justice to which was referred H.B.
2-25 No. 930, have had the same under consideration, and I am instructed
2-26 to report it back to the Senate with the recommendation that it do
2-27 pass and be printed.
2-28 Whitmire,
2-29 Chairman
2-30 * * * * *
2-31 WITNESSES
2-32 FOR AGAINST ON
2-33 ___________________________________________________________________
2-34 Name: David Patronela x
2-35 Representing: Justices of Peace of Harris Co
2-36 City: Houston
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2-38 Name: Bill Freeman x
2-39 Representing: Justice of the Peace & Consta
2-40 City: Gainesville
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2-42 Name: John Williams x
2-43 Representing: Justice of the Peace & Consta
2-44 City: Robstown
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2-46 Name: John Boston x
2-47 Representing: Tx Crim Defense Lawyers
2-48 City: Austin
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