HBA-RBT, PDH H.B. 779 76(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 779
By: Thompson
Criminal Jurisprudence
4/26/1999
Committee Report (Amended)



BACKGROUND AND PURPOSE 

Currently, a judge can discharge $50 of a defendant's fines and court costs
for each eight hours of community service performed, while a defendant
serving time in jail is given a $50 credit for each day served and an
additional $50 credit per day if the defendant performs manual labor.   

H.B. 779 allows a judge to discharge $100 per day for each 8 hours of
community service performed, thus providing an incentive to defendants to
choose community service over incarceration, which saves taxpayers the
costs of housing inmates. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Article 45.521(e), Code of Criminal Procedure, by
increasing from $50 to $100 the amount of fines or costs a defendant is
considered to have discharged for each eight hours of community service
performed under this article. 

SECTION 2.Makes application of this Act prospective.

SECTION 3.  Emergency clause.
  Effective date: upon passage.

EXPLANATION OF AMENDMENTS

Committee Amendment No.  1.

Adds a new SECTION 1, which amends Article 43.09(k), Code of Criminal
Procedure, to provide that a defendant is considered to have discharged
$100, rather than $50, of fines or costs for each eight hours of community
service performed.  SECTIONS 1-3 are redesignated as SECTIONS 2-4.