BILL ANALYSIS

H.B. 934

By: Smith, Todd

Criminal Jurisprudence

Committee Report (Unamended)

BACKGROUND AND PURPOSE

Current law does not explicitly authorize a court to require a defendant to pay an administrative fee for performing community service instead of serving a term of confinement in county jail. H.B. 934 allows for the discretion of a court that administers a community service program to assess the defendant an administrative fee not to exceed $50 that will adequately aid recovery of the program's cost.  This legislation is necessary for the recovery of costs associated with monitoring, coordinating, administering, and recordkeeping related to a defendant who is ordered to perform community service instead of serving a term of confinement.

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.

ANALYSIS

H.B. 934 amends the Code of Criminal Procedure to authorize a court that requires a defendant to perform community service instead of serving a term of confinement in county jail to order the defendant to pay to the court an administrative fee, not to exceed $50, to cover the cost of administering the community service. The bill makes provisions of law regarding the identification and publication by the comptroller of public accounts of new or amended court costs and fees inapplicable to the fee ordered and collected under the bill's provisions.

H.B. 934 amends the Government Code to make a conforming change.

EFFECTIVE DATE

September 1, 2011.