SRC-JBJ H.B. 1541 77(R)   BILL ANALYSIS


Senate Research Center   H.B. 1541
77R11696 GWK-FBy: Luna, Vilma (West, Royce)
Criminal Justice
5/3/2001
Engrossed


DIGEST AND PURPOSE 

Under current Texas law, a judge may require as a condition of community
supervision that a defendant complete a specified number of community
service hours.  Some defendants under certain conditions experience some
difficulty finding opportunities and completing the required community
service hours. H.B. 1541 authorizes a judge to permit a defendant to
substitute a charitable contribution to certain organizations for up to 20
of the defendant's required community service hours.  

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a
state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 16, Article 42.12, Code of Criminal Procedure,
by adding Subsection (e), to authorize a judge to permit a defendant to
substitute for community service otherwise required by this section a
one-time contribution to a nonprofit or governmental program that includes
as participants or recipients persons who are younger than 17 years of age
and that regularly provides athletic, civic, cultural, or educational
activity.  Provides that for each amount contributed under this subsection
that equals the amount of the federal minimum wage, the defendant is
entitled to one hour's credit against required community service hours,
except that a defendant is prohibited from receiving credit under this
subsection for more than 20 hours of community service the judge requires
under Subsection (b).  Requires the department supervising the defendant to
collect the contribution and forward the contribution to the program, as
directed by the judge.  Requires the judge, on permitting a payment under
this subsection, to admonish the defendant that the payment is not a
charitable contribution for the purposes of federal tax law. 

SECTION 2.  Effective date: September 1, 2001.  Provides that this Act
applies to a defendant placed on community supervision before, on, or after
that date.