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 2-33 ------------------------------------------------------------------- 2-34 Name: Judge Bill Freeman x 2-35 Representing: Justice of Peace and 2-36 Constable 2-37 City: Gainesville 2-38 ------------------------------------------------------------------- 2-39 Name: John H. Williams x 2-40 Representing: JP and Constable 2-41 City: Robstown 2-42 -------------------------------------------------------------------