Tex.
Code of Crim. Proc. Article 45.0492
Community Service 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. A defendant may discharge an obligation to perform community service 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 perform community service under this article, the justice or judge must specify:(1)
the number of hours of community service the defendant is required to perform; and(2)
the date by which the defendant must submit to the court documentation verifying the defendant’s completion of the community service.(d)
The justice or judge may order the defendant to perform community service under this article:(1)
by attending:(A)
a work and job skills training program;(B)
a preparatory class for the high school equivalency examination administered under Section 7.111 (High School Equivalency Examinations), Education Code;(C)
an alcohol or drug abuse program;(D)
a rehabilitation program;(E)
a counseling program, including a self-improvement program;(F)
a mentoring program;(G)
a tutoring program; or(H)
any similar activity; or(2)
for:(A)
a governmental entity;(B)
a nonprofit organization or another organization that provides services to the general public that enhance social welfare and the general well-being of the community, as determined by the justice or judge; or(C)
an educational institution.(d-1)
An entity that accepts a defendant under this article to perform community service must agree to supervise, either on-site or remotely, the defendant in the performance of the defendant’s community service and report on the defendant’s community service to the justice or judge who ordered the service.(e)
Repealed by Acts 2017, 85th Leg., R.S., Ch. 977 (H.B. 351), Sec. 31, and Ch. 1127 (S.B. 1913), Sec. 27, eff. September 1, 2017.(f)
A justice or judge may not order a defendant to perform more than 16 hours of community service per week under this article unless the justice or judge determines that requiring the defendant to perform additional hours does not impose an undue hardship on the defendant or the defendant’s family. For purposes of this subsection, “family” has the meaning assigned by Section 71.003 (Family), Family Code.(g)
A defendant is considered to have discharged not less than $100 of fines or costs for each eight hours of community service performed 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, or officer or employee of a political subdivision other than a county or an entity that accepts a defendant under this article to perform community service is not liable for damages arising from an act or failure to act in connection with community service 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.(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. A defendant may discharge an obligation to perform community service 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 perform community service under this article, the justice or judge shall specify:(1)
the number of hours of community service the defendant is required to perform, not to exceed 200 hours; and(2)
the date by which the defendant must submit to the court documentation verifying the defendant’s completion of the community service.(d)
The justice or judge may order the defendant to perform community service under this article:(1)
by attending:(A)
a work and job skills training program;(B)
a preparatory class for the high school equivalency examination administered under Section 7.111 (High School Equivalency Examinations), Education Code;(C)
an alcohol or drug abuse program;(D)
a rehabilitation program;(E)
a counseling program, including a self-improvement program;(F)
a mentoring program; or(G)
any similar activity; or(2)
for:(A)
a governmental entity;(B)
a nonprofit organization or another organization that provides services to the general public that enhance social welfare and the general well-being of the community, as determined by the justice or judge; or(C)
an educational institution.(d-1)
An entity that accepts a defendant under this article to perform community service must agree to supervise, either on-site or remotely, the defendant in the performance of the defendant’s community service and report on the defendant’s community service to the justice or judge who ordered the service.(e)
A justice or judge may not order a defendant to perform more than 16 hours of community service per week under this article unless the justice or judge determines that requiring the defendant to perform additional hours does not impose an undue hardship on the defendant or the defendant’s family. For purposes of this subsection, “family” has the meaning assigned by Section 71.003 (Family), Family Code.(f)
A sheriff, employee of a sheriff’s department, county commissioner, county employee, county judge, justice of the peace, municipal court judge, or officer or employee of a political subdivision other than a county or an entity that accepts a defendant under this article to perform community service is not liable for damages arising from an act or failure to act in connection with community service 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, wilfully or wantonly negligent, or performed with conscious indifference or reckless disregard for the safety of others.(g)
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.(h)
A defendant is considered to have discharged not less than $100 of fines or costs for each eight hours of community service performed under this article.
Source:
Article 45.0492 — Community Service in Satisfaction of Fine or Costs for Certain Juvenile Defendants, https://statutes.capitol.texas.gov/Docs/CR/htm/CR.45.htm#45.0492 (accessed Apr. 29, 2024).
