By:  Whitmire                                          S.B. No. 288
       73R4183 GWK-F
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the authority of a justice of the peace to order
    1-3  community service in satisfaction of fine or costs.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Chapter 45, Code of Criminal Procedure, is
    1-6  amended by adding Article 45.521 to read as follows:
    1-7        Art. 45.521.  COMMUNITY SERVICE IN SATISFACTION OF FINE OR
    1-8  COSTS.  (a)  A justice may require a defendant who is unable to pay
    1-9  a fine or costs to discharge all or part of the fine or costs by
   1-10  performing community service.  A defendant may discharge an
   1-11  obligation to perform community service under this article by
   1-12  paying at any time the fine and costs assessed.
   1-13        (b)  In the justice's order requiring a defendant to
   1-14  participate in community service work under this article, the
   1-15  justice must specify:
   1-16              (1)  the number of hours the defendant is required to
   1-17  work;
   1-18              (2)  the entity or organization for which the defendant
   1-19  is required to work; and
   1-20              (3)  the project on which the defendant is required to
   1-21  work.
   1-22        (c)  The justice may order the defendant to perform community
   1-23  service work under this article only for a governmental entity or a
   1-24  nonprofit organization that provides services to the general public
    2-1  that enhance social welfare and the general well-being of the
    2-2  community.  A governmental entity or nonprofit organization that
    2-3  accepts a defendant under this article to perform community service
    2-4  must agree to supervise the defendant in the performance of the
    2-5  defendant's work and report on the defendant's work to the justice
    2-6  who ordered the community service.
    2-7        (d)  The justice may require bail of a defendant to ensure
    2-8  the defendant's faithful performance of community service under
    2-9  this article and may attach conditions to the bail as the justice
   2-10  determines are proper.
   2-11        (e)  A justice may not order a defendant to perform more than
   2-12  16 hours per week of community service under this article unless
   2-13  the justice determines that requiring the defendant to work
   2-14  additional hours does not work a hardship on the defendant or the
   2-15  defendant's dependents.
   2-16        (f)  A defendant is considered to have discharged $50 of
   2-17  fines or costs for each eight hours of community service performed
   2-18  under this article.
   2-19        (g)  A sheriff, employee of a sheriff's department, county
   2-20  commissioner, county employee, county judge, justice of the peace,
   2-21  or officer or employee of a political subdivision other than a
   2-22  county is not liable for damages arising from an act or failure to
   2-23  act in connection with manual labor performed by a defendant under
   2-24  this article if the act or failure to act:
   2-25              (1)  was performed pursuant to court order; and
   2-26              (2)  was not intentional, wilfully or wantonly
   2-27  negligent, or performed with conscious indifference or reckless
    3-1  disregard for the safety of others.
    3-2        SECTION 2.  The importance of this legislation and the
    3-3  crowded condition of the calendars in both houses create an
    3-4  emergency and an imperative public necessity that the
    3-5  constitutional rule requiring bills to be read on three several
    3-6  days in each house be suspended, and this rule is hereby suspended,
    3-7  and that this Act take effect and be in force from and after its
    3-8  passage, and it is so enacted.