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A BILL TO BE ENTITLED
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AN ACT
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relating to the imposition of fines and costs for a defendant who is |
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younger than 18 years of age. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Articles 45.041(b-3) and (b-6), Code of Criminal |
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Procedure, are amended to read as follows: |
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(b-3) A judge may require [allow] a defendant who is a |
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child, as defined by Article 45.058(h), [to elect] at the time of |
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conviction, as defined by Section 133.101, Local Government Code, |
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to receive [discharge the fine and costs by: |
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[(1) performing community service or receiving] |
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tutoring under Article 45.0492, as added by Chapter 227 (H.B. 350), |
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Acts of the 82nd Legislature, Regular Session, 2011[; or |
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[(2) paying the fine and costs in a manner described by |
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Subsection (b)]. |
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(b-6) Notwithstanding Subsection (a-1) or any other |
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provision of this chapter, when imposing a fine and costs, the |
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justice or judge may not require a defendant who is younger than 18 |
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years of age [under the conservatorship of the Department of Family |
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and Protective Services or in extended foster care as provided by |
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Subchapter G, Chapter 263, Family Code,] to pay any amount of the |
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fine and costs. In lieu of the payment of fine and costs, the |
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justice or judge may require the defendant to perform community |
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service as provided by Article 45.049, 45.0492, as added by Chapter |
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227 (H.B. 350), Acts of the 82nd Legislature, Regular Session, |
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2011, or 45.0492, as added by Chapter 777 (H.B. 1964), Acts of the |
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82nd Legislature, Regular Session, 2011, as appropriate. |
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SECTION 2. The change in law made by this Act applies to a |
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sentencing proceeding that commences on or after the effective date |
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of this Act, regardless of whether the offense for which the |
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defendant is convicted was committed before, on, or after the |
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effective date of this Act. |
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SECTION 3. This Act takes effect September 1, 2023. |