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A BILL TO BE ENTITLED
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AN ACT
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relating to the performance of community service as a condition for |
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a deferral of adjudication in certain misdemeanor cases punishable |
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by fine only. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 45.051, Code of Criminal Procedure, is |
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amended by adding Subsections (b-4) and (b-5) to read as follows: |
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(b-4) This subsection applies only to a defendant who is |
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charged with a traffic offense or an offense under Section 106.05, |
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Alcoholic Beverage Code, and is a resident of this state. If under |
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Subsection (b)(10) of this article the judge requires the defendant |
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to perform community service as a condition of the deferral, the |
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defendant is entitled to elect whether to perform the required |
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community service work for: |
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(1) a governmental entity or a nonprofit organization |
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that is located in the county in which the court is located; or |
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(2) a governmental entity or a nonprofit organization |
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that is located in the county in which the defendant resides, but |
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only if the entity or organization agrees to: |
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(A) supervise the defendant in the performance of |
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the defendant's community service work; and |
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(B) report to the court on the defendant's |
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community service work. |
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(b-5) This subsection applies only to a defendant charged |
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with an offense under Section 106.05, Alcoholic Beverage Code, who, |
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under Subsection (b-4), elects to perform the required community |
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supervision in the county in which the defendant resides. The |
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community supervision must comply with Sections 106.071(d) and (e), |
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Alcoholic Beverage Code, except that if the educational programs or |
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services described by Section 106.071(d) are not available in the |
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county of the defendant's residence, the court may order community |
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service that it considers appropriate for rehabilitative purposes. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2007. |