PMWJ C.S.H.B. 1291 75(R)BILL ANALYSIS


JUDICIAL AFFAIRS
H.B. 1291
By: Solomons
C.S.H.B. 1291
By: Clark
4-9-97
Committee Report (Substituted)



BACKGROUND 

 Justice and municipal courts are currently authorized  to impose a
sanction not consisting of confinement or imprisonment "that is
rehabilitative or remedial in nature."  Some courts have found that
sentencing a person to community service is a punitive sanction that is
not rehabilitative or remedial in nature.  


PURPOSE

 H.B. 1291 would clarify that municipal and justice courts have
jurisdiction to authorize the imposition of community service for
violating certain ordinances or statutes. 


RULEMAKING AUTHORITY

 It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency or
institution. 


SECTION BY SECTION ANALYSIS

 SECTION 1 amends Article 4.11(a) of the Code of Criminal Procedure to
delete "that is rehabilitative or remedial in nature" from the statute
authorizing justices of the peace to impose sanctions not consisting of
confinement or imprisonment. 

 SECTION 2 amends Art. 4.14(c) of the Code of Criminal Procedure to delete
"that are rehabilitative or remedial in nature" from the type of sanctions
a municipal court may impose. 

 SECTION 3 amends Tex. Gov't Code ' 29.003(c) to delete "that are
rehabilitative or remedial in nature" from the definition of offenses
punishable by fine only and adds "if any" following sanctions in the
definition of "fine only" (which includes offenses punishable by fine and
such sanctions as authorized by statute). 

 SECTION 4.  Application of act.

 SECTION 5.  Effective date.

 SECTION 6.  Emergency clause.


COMPARISON OF ORIGINAL TO SUBSTITUTE

 The original bill did not include Section 1 of the substitute which
amends the authority of justices of the peace to impose sanctions not
consisting of confinement or imprisonment.