Art. 42A.304. COMMUNITY SERVICE. (a) A judge may require as a condition of community supervision that the defendant work a specified number of hours at one or more community service projects for one or more organizations approved by the judge and designated by the department. The judge may not require the defendant to work at a community service project if, as determined and noted on the community supervision order by the judge:
(1) the defendant is physically or mentally incapable of participating in the project;
(2) participating in the project will cause a hardship to the defendant or to the defendant's dependents;
(3) the defendant is to be confined in a substance abuse felony punishment facility as a condition of community supervision; or
(4) there is other good cause shown.
(b) The amount of community service work ordered by the judge may not exceed:
(1) 1,000 hours for an offense classified as a first degree felony;
(2) 800 hours for an offense classified as a second degree felony;
(3) 600 hours for:
(A) an offense classified as a third degree felony; or
(B) an offense under Section 30.04, Penal Code, classified as a Class A misdemeanor;
(4) 400 hours for an offense classified as a state jail felony;
(5) 200 hours for:
(A) an offense classified as a Class A misdemeanor, other than an offense described by Subdivision (3)(B); or
(B) a misdemeanor for which the maximum permissible confinement, if any, exceeds six months or the maximum permissible fine, if any, exceeds $4,000; and
(6) 100 hours for:
(A) an offense classified as a Class B misdemeanor; or
(B) a misdemeanor for which the maximum permissible confinement, if any, does not exceed six months and the maximum permissible fine, if any, does not exceed $4,000.
(c) A defendant required to perform community service under this article is not a state employee for the purposes of Chapter 501 or 504, Labor Code.
(d) If the court makes an affirmative finding under Article 42.014, the judge may order the defendant to perform community service under this article at a project designated by the judge that primarily serves the person or group who was the target of the defendant. If the judge orders community service under this subsection, the judge shall order the defendant to perform not less than:
(1) 300 hours of service if the offense is classified as a felony; or
(2) 100 hours of service if the offense is classified as a misdemeanor.
(e) A defendant required to perform community service under this article after conviction of an offense under Section 352.082, Local Government Code, shall perform 60 hours of service. The community service must consist of picking up litter in the county in which the defendant resides or working at a recycling facility if a program for performing that type of service is available in the community in which the court is located.
(f) The judge may order a defendant to make a specified donation to a nonprofit food bank or food pantry in the community in which the defendant resides instead of requiring the defendant to work a specified number of hours at one or more community service projects under Subsection (a).
Added by Acts 2015, 84th Leg., R.S., Ch. 770 (H.B. 2299), Sec. 1.01, eff. January 1, 2017.
Text of article effective on January 01, 2017
Last modified: September 28, 2016