Bill Text: TX HB3514 | 2017-2018 | 85th Legislature | Introduced


Bill Title: Relating to restorative justice initiatives.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2017-05-03 - Left pending in committee [HB3514 Detail]

Download: Texas-2017-HB3514-Introduced.html
  85R12800 ADM-F
 
  By: Gervin-Hawkins H.B. No. 3514
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to restorative justice initiatives.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Article 43.091, Code of Criminal Procedure, is
  amended to read as follows:
         Art. 43.091.  REDUCTION OR WAIVER OF PAYMENT OF FINES AND
  COSTS FOR INDIGENT DEFENDANTS AND CHILDREN.  (a)  A court may waive
  payment of a fine or cost imposed on a defendant who defaults in
  payment if the court determines that:
               (1)  the defendant is indigent or was, at the time the
  offense was committed, a child as defined by Article 45.058(h); and
               (2)  each alternative method of discharging the fine or
  cost under Article 43.09 or 42.15 would impose an undue hardship on
  the defendant.
         (b)  A court may reduce a fine imposed on an indigent
  defendant convicted of a nonviolent Class B or Class C misdemeanor
  by not more than 90 percent if the court determines that the
  reduction is in the interest of justice, regardless of whether the
  defendant has defaulted in payment.
         SECTION 2.  Chapter 55, Code of Criminal Procedure, is
  amended by adding Article 55.07 to read as follows:
         Art. 55.07.  TEMPORARY CONFIDENTIALITY OF RECORDS. (a)  
  This article applies to a case in which the most serious offense of
  which the defendant was convicted or for which the defendant was
  placed on deferred adjudication community supervision was a
  nonviolent Class B or Class C misdemeanor.
         (b)  The trial court presiding over a case to which this
  article applies shall order that all records and files relating to
  the arrest and conviction be kept confidential and not be disclosed
  to the public.
         (c)  Records and files made confidential under this article
  remain confidential until expunction under Subsection (d) unless
  the defendant is arrested for or charged with a violent offense
  during the period before the defendant becomes eligible for
  expunction.
         (d)  Confidential records under this article shall be
  automatically expunged by the court not later than the 30th day
  after:
               (1)  the six-month anniversary of the date the
  defendant's sentence was discharged, if the most serious offense
  that the defendant was convicted of was a Class C misdemeanor; or
               (2)  the second anniversary of the date the defendant's
  sentence was discharged, if the most serious offense that the
  defendant was convicted of was a Class B misdemeanor.
         SECTION 3.  Subchapter Z, Chapter 411, Government Code, is
  amended by adding Section 411.952 to read as follows:
         Sec. 411.952.  GRANT FUNDING FOR COMMUNITY OUTREACH
  PROGRAMS. (a)  The department shall establish a grant program to
  provide financial assistance to a local law enforcement agency
  seeking to improve community outreach in high-crime areas through:
               (1)  amateur sports leagues;
               (2)  mentorship programs;
               (3)  school outreach activities; or
               (4)  similar programs.
         (b)  Any local law enforcement agency in this state may apply
  for a grant under this section.
         (c)  The grant program established under this section may be
  funded only by gifts, grants, and donations collected by the
  department from any public or private source for the purposes of
  this section.
         SECTION 4.  Chapter 171, Tax Code, is amended by adding
  Subchapter O-1 to read as follows:
  SUBCHAPTER O-1.  TAX CREDIT FOR EMPLOYERS WHO HIRE LOW-LEVEL
  OFFENDERS
         Sec. 171.781.  DEFINITION. In this subchapter, "low-level
  offender" means a person who:
               (1)  has been convicted of or placed on deferred
  adjudication community supervision for a nonviolent Class B or
  Class C misdemeanor; and
               (2)  has never been convicted of or placed on deferred
  adjudication community supervision for a violent offense.
         Sec. 171.782.  ENTITLEMENT TO CREDIT. A taxable entity is
  entitled to a credit in the amount and under the conditions provided
  by this subchapter against the tax imposed under this chapter.
         Sec. 171.783.  QUALIFICATION. A taxable entity qualifies
  for a credit under this subchapter if the taxable entity employs at
  least one low-level offender in a full-time employment position
  located or based in this state during the entire period on which the
  report is based, and the low-level offender is not arrested for or
  charged with a violent offense during that period.
         Sec. 171.784.  AMOUNT; LIMITATIONS. (a)  The amount of the
  credit under this subchapter is $1,000.
         (b)  A taxable entity may not claim:
               (1)  more than three credits under this subchapter in
  an accounting period; or
               (2)  more than one credit with respect to a single
  low-level offender.
         Sec. 171.785.  APPLICATION FOR CREDIT. (a) A taxable entity
  must apply for a credit under this subchapter on or with the tax
  report for the period for which the credit is claimed.
         (b)  The comptroller shall promulgate a form for the
  application for the credit. A taxable entity must use the form in
  applying for the credit.
         Sec. 171.786.  PERIOD FOR WHICH CREDIT MAY BE CLAIMED. A
  taxable entity may claim a credit under this subchapter on a report
  only in connection with the employment of a low-level offender
  during the accounting period on which the report is based.
         SECTION 5.  (a) Article 43.091, Code of Criminal Procedure,
  as amended by this Act, applies to a sentencing proceeding that
  commences on or after the effective date of this Act.
         (b)  Article 55.07, Code of Criminal Procedure, as added by
  this Act, applies to an offense committed on or after the effective
  date of this Act. An offense committed before the effective date of
  this Act is governed by the law in effect on the date the offense was
  committed, and the former law is continued in effect for that
  purpose. For purposes of this subsection, an offense was committed
  before the effective date of this Act if any element of the offense
  occurred before that date.
         (c)  Subchapter O-1, Chapter 171, Tax Code, as added by this
  Act, applies only to a report originally due on or after January 1,
  2018.
         SECTION 6.  This Act takes effect September 1, 2017.
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