By: Luna S.B. No. 722
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the authority of a justice of the peace to order
1-2 community service in satisfaction of fine or costs.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Chapter 45, Code of Criminal Procedure, is
1-5 amended by adding Article 45.521 to read as follows:
1-6 Art. 45.521. COMMUNITY SERVICE IN SATISFACTION OF FINE OR
1-7 COSTS. (a) A justice may require a defendant who fails to pay a
1-8 previously assessed fine or costs or who is determined by the court
1-9 to have insufficient resources or income to pay a fine or costs to
1-10 discharge all or part of the fine or costs by performing community
1-11 service. A defendant may discharge an obligation to perform
1-12 community service under this article by paying at any time the fine
1-13 and costs assessed.
1-14 (b) In the justice's order requiring a defendant to
1-15 participate in community service work under this article, the
1-16 justice must specify:
1-17 (1) the number of hours the defendant is required to
1-18 work;
1-19 (2) the entity or organization for which the defendant
1-20 is required to work; and
1-21 (3) the project on which the defendant is required to
1-22 work.
1-23 (c) The justice may order the defendant to perform community
1-24 service work under this article only for a governmental entity or a
2-1 nonprofit organization that provides services to the general public
2-2 that enhance social welfare and the general well-being of the
2-3 community. A governmental entity or nonprofit organization that
2-4 accepts a defendant under this article to perform community service
2-5 must agree to supervise the defendant in the performance of the
2-6 defendant's work and report on the defendant's work to the justice
2-7 who ordered the community service.
2-8 (d) The justice may require bail of a defendant to ensure
2-9 the defendant's faithful performance of community service under
2-10 this article and may attach conditions to the bail as the justice
2-11 determines are proper.
2-12 (e) A justice may not order a defendant to perform more than
2-13 16 hours per week of community service under this article unless
2-14 the justice determines that requiring the defendant to work
2-15 additional hours does not work a hardship on the defendant or the
2-16 defendant's dependents.
2-17 (f) A defendant is considered to have discharged $50 of
2-18 fines or costs for each eight hours of community service performed
2-19 under this article.
2-20 (g) A sheriff, employee of a sheriff's department, county
2-21 commissioner, county employee, county judge, justice of the peace,
2-22 or officer or employee of a political subdivision other than a
2-23 county is not liable for damages arising from an act or failure to
2-24 act in connection with manual labor performed by a defendant under
2-25 this article if the act or failure to act:
2-26 (1) was performed pursuant to court order; and
2-27 (2) was not intentional, wilfully or wantonly
3-1 negligent, or performed with conscious indifference or reckless
3-2 disregard for the safety of others.
3-3 SECTION 2. The importance of this legislation and the
3-4 crowded condition of the calendars in both houses create an
3-5 emergency and an imperative public necessity that the
3-6 constitutional rule requiring bills to be read on three several
3-7 days in each house be suspended, and this rule is hereby suspended,
3-8 and that this Act take effect and be in force from and after its
3-9 passage, and it is so enacted.