73R9216 NSC-D
By Luna S.B. No. 722
Substitute the following for S.B. No. 722:
By Talton C.S.S.B. No. 722
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the authority of a justice or municipal court to order
1-3 community service in satisfaction of fine or costs and to defer the
1-4 final disposition of certain criminal complaints and to the venue
1-5 of justice courts of certain counties; providing a criminal
1-6 penalty.
1-7 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-8 SECTION 1. Chapter 45, Code of Criminal Procedure, is
1-9 amended by adding Article 45.521 to read as follows:
1-10 Art. 45.521. COMMUNITY SERVICE IN SATISFACTION OF FINE OR
1-11 COSTS. (a) A justice or municipal court may require a defendant
1-12 who fails to pay a previously assessed fine or costs or who is
1-13 determined by the court to have insufficient resources or income to
1-14 pay a fine or costs to discharge all or part of the fine or costs
1-15 by performing community service. A defendant may discharge an
1-16 obligation to perform community service under this article by
1-17 paying at any time the fine and costs assessed.
1-18 (b) In the justice or municipal court's order requiring a
1-19 defendant to participate in community service work under this
1-20 article, the justice or municipal court must specify:
1-21 (1) the number of hours the defendant is required to
1-22 work;
1-23 (2) the entity or organization for which the defendant
1-24 is required to work; and
2-1 (3) the project on which the defendant is required to
2-2 work.
2-3 (c) The justice or municipal court may order the defendant
2-4 to perform community service work under this article only for a
2-5 governmental entity or a nonprofit organization that provides
2-6 services to the general public that enhance social welfare and the
2-7 general well-being of the community. A governmental entity or
2-8 nonprofit organization that accepts a defendant under this article
2-9 to perform community service must agree to supervise the defendant
2-10 in the performance of the defendant's work and report on the
2-11 defendant's work to the justice or municipal court that ordered the
2-12 community service.
2-13 (d) The justice or municipal court may require bail of a
2-14 defendant to ensure the defendant's faithful performance of
2-15 community service under this article and may attach conditions to
2-16 the bail as the justice or municipal court determines are proper.
2-17 (e) A justice or municipal court may not order a defendant
2-18 to perform more than 16 hours per week of community service under
2-19 this article unless the justice or municipal court determines that
2-20 requiring the defendant to work additional hours does not work a
2-21 hardship on the defendant or the defendant's dependents.
2-22 (f) A defendant is considered to have discharged $50 of
2-23 fines or costs for each eight hours of community service performed
2-24 under this article.
2-25 (g) A sheriff, employee of a sheriff's department, county
2-26 commissioner, county employee, county judge, justice of the peace,
2-27 municipal court judge, or officer or employee of a political
3-1 subdivision other than a county is not liable for damages arising
3-2 from an act or failure to act in connection with manual labor
3-3 performed by a defendant under this article if the act or failure
3-4 to act:
3-5 (1) was performed pursuant to court order; and
3-6 (2) was not intentional, wilfully or wantonly
3-7 negligent, or performed with conscious indifference or reckless
3-8 disregard for the safety of others.
3-9 SECTION 2. Article 45.54, Code of Criminal Procedure, is
3-10 amended to read as follows:
3-11 Art. 45.54. Suspension of Sentence and Deferral of Final
3-12 Disposition. (1) On a plea of guilty or nolo contendere by a
3-13 defendant or on a finding of guilt in a misdemeanor case punishable
3-14 by fine only and payment of all court costs, the justice or
3-15 municipal court may defer further proceedings without entering an
3-16 adjudication of guilt and place the defendant on probation for a
3-17 period not to exceed 180 days. This article does not apply to a
3-18 misdemeanor case disposed of by Section 143A, Uniform Act
3-19 Regulating Traffic on Highways (Article 6701d, Vernon's Texas Civil
3-20 Statutes), or a serious traffic violation as defined in Section
3-21 3(26), Texas Commercial Driver's License Act (Article 6687b-2,
3-22 Revised Statutes).
3-23 (2) During the deferral period, the justice or municipal
3-24 court may <shall> require the defendant to:
3-25 (A) successfully complete a Central Education
3-26 Agency-approved driving safety course, if the offense alleged is an
3-27 offense involving the operation of a motor vehicle, other than a
4-1 commercial motor vehicle, as defined in Subdivision (6), Section 3,
4-2 Texas Commercial Driver's License Act (Article 6687b-2, Revised
4-3 Statutes);<.>
4-4 (B) <(3) During said deferral period, the justice may
4-5 require the defendant to:>
4-6 <(a)> post a bond in the amount of the fine assessed
4-7 to secure payment of the fine;
4-8 (C) <(b)> pay restitution to the victim of the offense
4-9 in an amount not to exceed the fine assessed;
4-10 (D) <(c)> submit to professional counseling; and
4-11 (E) <(d)> comply with any other reasonable condition.
4-12 (3) <(4)> At the conclusion of the deferral period, if the
4-13 defendant presents satisfactory evidence that he has complied with
4-14 the requirements imposed, the justice or municipal court shall
4-15 dismiss the complaint, and it shall be clearly noted in the docket
4-16 that the complaint is dismissed and that there is not a final
4-17 conviction. Otherwise, the justice or municipal court may proceed
4-18 with an adjudication of guilt. After an adjudication of guilt, the
4-19 justice or municipal court may reduce the fine assessed or may then
4-20 impose the fine assessed, less any portion of the assessed fine
4-21 that has been paid. If the complaint is dismissed, a special
4-22 expense not to exceed the amount of the fine assessed may be
4-23 imposed.
4-24 (4) <(5)> If at the conclusion of the deferral period the
4-25 defendant does not present satisfactory evidence that the defendant
4-26 complied with the requirements imposed, the justice or municipal
4-27 court may impose the fine assessed or impose a lesser fine. The
5-1 imposition of the fine or lesser fine constitutes a final
5-2 conviction of the defendant.
5-3 (5) <(6)> Records relating to a complaint dismissed as
5-4 provided by this article may be expunged under Article 55.01 of
5-5 this code. If a complaint is dismissed under this article, there
5-6 is not a final conviction and the complaint may not be used against
5-7 the person for any purpose.
5-8 SECTION 3. The heading of Article 45.22, Code of Criminal
5-9 Procedure, is amended to read as follows:
5-10 Art. 45.22. OFFENSES IN COUNTIES OF LESS THAN 2,000,000
5-11 <225,000>; VENUE; FEE OF CONSTABLE; PENALTIES.
5-12 SECTION 4. Section 4, Article 45.22, Code of Criminal
5-13 Procedure, is amended to read as follows:
5-14 Sec. 4. The provisions of this Article shall apply only to
5-15 counties having a population of less than 2,000,000 <225,000 or
5-16 over> according to the last preceding federal census.
5-17 SECTION 5. (a) The change in law made by Sections 2, 3, and
5-18 4 of this Act applies only to an offense committed on or after the
5-19 effective date of this Act. For the purpose of this section, an
5-20 offense was committed before the effective date of this Act if any
5-21 element of the offense occurred before the effective date.
5-22 (b) An offense committed before the effective date of this
5-23 Act is covered by the law in effect when the offense was committed,
5-24 and the former law is continued in effect for that purpose.
5-25 SECTION 6. This Act takes effect September 1, 1993.
5-26 SECTION 7. The importance of this legislation and the
5-27 crowded condition of the calendars in both houses create an
6-1 emergency and an imperative public necessity that the
6-2 constitutional rule requiring bills to be read on three several
6-3 days in each house be suspended, and this rule is hereby suspended.