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A BILL TO BE ENTITLED
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AN ACT
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relating to discharging fines and costs assessed against certain |
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juvenile defendants through community service or tutoring. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 45, Code of Criminal |
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Procedure, is amended by adding Article 45.0492 to read as follows: |
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Art. 45.0492. COMMUNITY SERVICE OR TUTORING IN SATISFACTION |
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OF FINE OR COSTS FOR CERTAIN JUVENILE DEFENDANTS. (a) This article |
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applies only to a defendant younger than 17 years of age who is |
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assessed a fine or costs for a Class C misdemeanor occurring in a |
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building or on the grounds of the primary or secondary school at |
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which the defendant was enrolled at the time of the offense. |
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(b) A justice or judge may require a defendant described by |
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Subsection (a) to discharge all or part of the fine or costs by |
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performing community service or attending a tutoring program that |
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is satisfactory to the court. A defendant may discharge an |
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obligation to perform community service or attend a tutoring |
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program under this article by paying at any time the fine and costs |
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assessed. |
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(c) In the justice's or judge's order requiring a defendant |
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to participate in community service work or a tutoring program |
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under this article, the justice or judge must specify the number of |
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hours the defendant is required to work or attend tutoring. |
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(d) The justice or judge may order the defendant to perform |
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community service work under this article only for a governmental |
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entity or a nonprofit organization that provides services to the |
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general public that enhance social welfare and the general |
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well-being of the community. A governmental entity or nonprofit |
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organization that accepts a defendant under this article to perform |
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community service must agree to supervise the defendant in the |
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performance of the defendant's work and report on the defendant's |
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work to the justice or judge who ordered the community service. |
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(e) A tutoring program that accepts a defendant under this |
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article must agree to supervise the defendant in the attendance of |
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the tutoring program and report on the defendant's work to the |
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justice or judge who ordered the tutoring. |
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(f) A justice or judge may not order a defendant to perform |
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more than 16 hours of community service per week or attend more than |
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16 hours of tutoring per week under this article unless the justice |
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or judge determines that requiring additional hours of work or |
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tutoring does not cause a hardship on the defendant or the |
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defendant's family. For purposes of this subsection, "family" has |
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the meaning assigned by Section 71.003, Family Code. |
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(g) A defendant is considered to have discharged not less |
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than $50 of fines or costs for each eight hours of community service |
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performed or tutoring program attended under this article. |
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(h) A sheriff, employee of a sheriff's department, county |
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commissioner, county employee, county judge, justice of the peace, |
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municipal court judge, officer or employee of a political |
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subdivision other than a county, nonprofit organization, or |
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tutoring program is not liable for damages arising from an act or |
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failure to act in connection with an activity performed by a |
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defendant under this article if the act or failure to act: |
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(1) was performed pursuant to court order; and |
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(2) was not intentional, grossly negligent, or |
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performed with conscious indifference or reckless disregard for the |
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safety of others. |
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(i) A community supervision and corrections department or a |
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court-related services office may provide the administrative and |
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other services necessary for supervision of a defendant required to |
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perform community service under this article. |
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SECTION 2. Article 45.051(a-1), Code of Criminal Procedure, |
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is amended to read as follows: |
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(a-1) Notwithstanding any other provision of law, as an |
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alternative to requiring a defendant charged with one or more |
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offenses to make payment of all court costs as required by |
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Subsection (a), the judge may: |
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(1) allow the defendant to enter into an agreement for |
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payment of those costs in installments during the defendant's |
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period of probation; |
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(2) require an eligible defendant to discharge all or |
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part of those costs by performing community service or attending a |
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tutoring program under Article 45.049 or 45.0492; or |
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(3) take any combination of actions authorized by |
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Subdivision (1) or (2). |
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SECTION 3. The changes in law made by this Act apply only to |
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an offense committed or conduct that occurs on or after the |
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effective date of this Act. An offense committed or conduct that |
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occurs before the effective date of this Act is governed by the law |
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in effect when the offense was committed or the conduct occurred, |
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and the former law is continued in effect for that purpose. For |
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purposes of this section, an offense is committed or conduct occurs |
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before the effective date of this Act if any element of the offense |
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or conduct occurs before the effective date. |
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SECTION 4. This Act takes effect September 1, 2011. |