1-1 By: Luna S.B. No. 722
1-2 (In the Senate - Filed March 9, 1993; March 10, 1993, read
1-3 first time and referred to Committee on Jurisprudence;
1-4 March 30, 1993, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 4, Nays 0; March 30, 1993,
1-6 sent to printer.)
1-7 COMMITTEE VOTE
1-8 Yea Nay PNV Absent
1-9 Henderson x
1-10 Harris of Tarrant x
1-11 Brown x
1-12 Harris of Dallas x
1-13 Luna x
1-14 Parker x
1-15 West x
1-16 COMMITTEE SUBSTITUTE FOR S.B. No. 722 By: Luna
1-17 A BILL TO BE ENTITLED
1-18 AN ACT
1-19 relating to the authority of a justice of the peace to order
1-20 community service in satisfaction of fine or costs.
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 may require a defendant who fails to pay a
1-26 previously assessed fine or costs or who is determined by the court
1-27 to have insufficient resources or income to pay a fine or costs to
1-28 discharge all or part of the fine or costs by performing community
1-29 service. A defendant may discharge an obligation to perform
1-30 community service under this article by paying at any time the fine
1-31 and costs assessed.
1-32 (b) In the justice's order requiring a defendant to
1-33 participate in community service work under this article, the
1-34 justice 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 may order the defendant to perform community
1-42 service work under this article only for a governmental entity or a
1-43 nonprofit organization that provides services to the general public
1-44 that enhance social welfare and the general well-being of the
1-45 community. A governmental entity or nonprofit organization that
1-46 accepts a defendant under this article to perform community service
1-47 must agree to supervise the defendant in the performance of the
1-48 defendant's work and report on the defendant's work to the justice
1-49 who ordered the community service.
1-50 (d) The justice may require bail of a defendant to ensure
1-51 the defendant's faithful performance of community service under
1-52 this article and may attach conditions to the bail as the justice
1-53 determines are proper.
1-54 (e) A justice may not order a defendant to perform more than
1-55 16 hours per week of community service under this article unless
1-56 the justice determines that requiring the defendant to work
1-57 additional hours does not work a hardship on the defendant or the
1-58 defendant's dependents.
1-59 (f) A defendant is considered to have discharged $50 of
1-60 fines or costs for each eight hours of community service performed
1-61 under this article.
1-62 (g) A sheriff, employee of a sheriff's department, county
1-63 commissioner, county employee, county judge, justice of the peace,
1-64 or officer or employee of a political subdivision other than a
1-65 county is not liable for damages arising from an act or failure to
1-66 act in connection with manual labor performed by a defendant under
1-67 this article if the act or failure to act:
1-68 (1) was performed pursuant to court order; and
2-1 (2) was not intentional, wilfully or wantonly
2-2 negligent, or performed with conscious indifference or reckless
2-3 disregard for the safety of others.
2-4 SECTION 2. The importance of this legislation and the
2-5 crowded condition of the calendars in both houses create an
2-6 emergency and an imperative public necessity that the
2-7 constitutional rule requiring bills to be read on three several
2-8 days in each house be suspended, and this rule is hereby suspended,
2-9 and that this Act take effect and be in force from and after its
2-10 passage, and it is so enacted.
2-11 * * * * *
2-12 Austin,
2-13 Texas
2-14 March 30, 1993
2-15 Hon. Bob Bullock
2-16 President of the Senate
2-17 Sir:
2-18 We, your Committee on Jurisprudence to which was referred S.B. No.
2-19 722, have had the same under consideration, and I am instructed to
2-20 report it back to the Senate with the recommendation that it do not
2-21 pass, but that the Committee Substitute adopted in lieu thereof do
2-22 pass and be printed.
2-23 Henderson,
2-24 Chairman
2-25 * * * * *
2-26 WITNESSES
2-27 FOR AGAINST ON
2-28 ___________________________________________________________________
2-29 Name: Jerry Kunkie x
2-30 Representing: Justice of Peace and
2-31 Constable
2-32 City: McKinney
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2-34 Name: Judge Bill Freeman x
2-35 Representing: Justice of Peace and
2-36 Constable
2-37 City: Gainesville
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2-39 Name: John H. Williams x
2-40 Representing: JP and Constable
2-41 City: Robstown
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