| 1 | 1 | | 81R6463 GCB-D |
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| 2 | 2 | | By: Eiland H.B. No. 1284 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the creation of a court record preservation fund; |
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| 8 | 8 | | imposing a fee. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Subchapter A, Chapter 102, Code of Criminal |
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| 11 | 11 | | Procedure, is amended by adding Article 102.0051 to read as |
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| 12 | 12 | | follows: |
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| 13 | 13 | | Art. 102.0051. COURT COSTS; COURT RECORD PRESERVATION FUND. |
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| 14 | 14 | | (a) A defendant convicted of a criminal offense in a county court, |
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| 15 | 15 | | statutory county court, or district court shall pay a court record |
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| 16 | 16 | | preservation fee not to exceed $10 as a cost of court. |
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| 17 | 17 | | (b) In this article, a person is considered convicted if: |
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| 18 | 18 | | (1) a sentence is imposed on the person; |
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| 19 | 19 | | (2) the person receives community supervision, |
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| 20 | 20 | | including deferred adjudication community supervision; or |
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| 21 | 21 | | (3) the court defers final disposition of the person's |
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| 22 | 22 | | case. |
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| 23 | 23 | | (c) The clerks of the courts described by Subsection (a) |
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| 24 | 24 | | shall collect the costs and pay them to the county treasurer or to |
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| 25 | 25 | | any other official who discharges the duties commonly delegated to |
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| 26 | 26 | | the county treasurer, as appropriate, for deposit in a fund to be |
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| 27 | 27 | | known as the court record preservation fund. |
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| 28 | 28 | | (d) A fund designated by this article may be used only to |
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| 29 | 29 | | digitize court records and preserve the records from natural |
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| 30 | 30 | | disasters. |
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| 31 | 31 | | (e) The court record preservation fund shall be |
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| 32 | 32 | | administered by or under the direction of the commissioners court |
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| 33 | 33 | | of the county. |
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| 34 | 34 | | SECTION 2. Subchapter C, Chapter 102, Government Code, is |
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| 35 | 35 | | amended by adding Section 102.0411 to read as follows: |
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| 36 | 36 | | Sec. 102.0411. COURT RECORD PRESERVATION FEE ON CONVICTION |
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| 37 | 37 | | IN DISTRICT COURT: CODE OF CRIMINAL PROCEDURE. The clerk of a |
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| 38 | 38 | | district court shall collect from a defendant a court record |
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| 39 | 39 | | preservation fee not to exceed $10 under Article 102.0051, Code of |
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| 40 | 40 | | Criminal Procedure, on conviction. |
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| 41 | 41 | | SECTION 3. Subchapter D, Chapter 102, Government Code, is |
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| 42 | 42 | | amended by adding Section 102.0611 to read as follows: |
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| 43 | 43 | | Sec. 102.0611. COURT RECORD PRESERVATION FEE ON CONVICTION |
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| 44 | 44 | | IN STATUTORY COUNTY COURT: CODE OF CRIMINAL PROCEDURE. The clerk |
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| 45 | 45 | | of a statutory county court shall collect from a defendant a court |
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| 46 | 46 | | record preservation fee not to exceed $10 under Article 102.0051, |
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| 47 | 47 | | Code of Criminal Procedure, on conviction. |
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| 48 | 48 | | SECTION 4. Subchapter E, Chapter 102, Government Code, is |
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| 49 | 49 | | amended by adding Section 102.0811 to read as follows: |
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| 50 | 50 | | Sec. 102.0811. COURT RECORD PRESERVATION FEE ON CONVICTION |
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| 51 | 51 | | IN COUNTY COURT: CODE OF CRIMINAL PROCEDURE. The clerk of a county |
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| 52 | 52 | | court shall collect from a defendant a court record preservation |
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| 53 | 53 | | fee not to exceed $10 under Article 102.0051, Code of Criminal |
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| 54 | 54 | | Procedure, on conviction. |
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| 55 | 55 | | SECTION 5. The change in law made by this Act applies only |
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| 56 | 56 | | to a cost on conviction for an offense committed on or after the |
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| 57 | 57 | | effective date of this Act. A cost on conviction for an offense |
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| 58 | 58 | | committed before the effective date of this Act is covered by the |
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| 59 | 59 | | law in effect when the offense was committed, and the former law is |
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| 60 | 60 | | continued in effect for that purpose. For purposes of this section, |
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| 61 | 61 | | an offense was committed before the effective date of this Act if |
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| 62 | 62 | | any element of the offense occurred before that date. |
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| 63 | 63 | | SECTION 6. This Act takes effect September 1, 2009. |
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