82(R) HB 350 - Enrolled version

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	H.B. No. 350




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


	______________________________	______________________________
	President of the Senate	Speaker of the House


	I certify that H.B. No. 350 was passed by the House on March
	30, 2011, by the following vote: Yeas 146, Nays 0, 1 present, not
	voting; and that the House concurred in Senate amendments to H.B.
	No. 350 on May 21, 2011, by the following vote: Yeas 140, Nays 0, 2
	present, not voting.

	______________________________
	Chief Clerk of the House

	I certify that H.B. No. 350 was passed by the Senate, with
	amendments, on May 19, 2011, by the following vote: Yeas 31, Nays
	0.

	______________________________
	Secretary of the Senate
	APPROVED: __________________
	Date

	__________________
	Governor