HBA-EDN C.S.H.B. 1541 77(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 1541
By: Luna, Vilma
Criminal Jurisprudence
4/12/2001
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Under current law, a judge may require as a condition of community
supervision that a defendant complete a specified number of community
service hours.  However, there are legitimate difficulties a defendant can
encounter in trying to complete the required community service hours.  Some
defendants, particularly those who live in rural areas, find it difficult
to find opportunities to perform their hours.  Others may have work or
educational conflicts, medical restrictions, or problems obtaining child
care while completing their hours. There may be an alternative through
which defendants could fulfill part of their community service requirement
without actually completing the specified number of hours, such as offering
a donation to a charitable organization.  C.S.H.B. 1541 authorizes a judge
to permit a defendant to substitute a charitable contribution for up to 20
of the defendant's required community service hours. 

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. 

ANALYSIS

C.S.H.B. 1541 amends the Code of Criminal Procedure to authorize a judge to
permit a defendant to substitute for community service a one-time
contribution to a nonprofit or governmental program that includes as
participants or recipients persons who are younger than 17 years of age and
that regularly provides athletic, civic, cultural, or educational activity.
The bill provides that the defendant is entitled to one hour's credit
against required community service hours for each amount contributed that
equals the amount of the federal minimum wage, except that a defendant is
prohibited from receiving credit for more than 20 hours of required
community service.  The bill requires the department supervising the
defendant to collect and forward the contribution to the program, as
directed by the judge and requires the judge to admonish the defendant that
a payment under these provisions is not a charitable contribution for the
purposes of federal tax law. 

EFFECTIVE DATE

September 1, 2001. 

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 1541 modifies the original by providing that a defendant is
entitled to one hour's credit against required community service hours for
each amount contributed that equals the amount of the federal minimum wage,
rather than one hour's credit for each dollar contributed.  The substitute
prohibits a defendant from receiving credit for more than 20 hours of
community service, whereas the original prohibited a defendant from
receiving credit for more than one-half of the required hours.  The
substitute requires the department supervising the defendant to collect and
forward a contribution to the program, as directed by the judge.  The
substitute deletes the provision that a contribution is not to exceed $20.