Texas 2009 - 81st Regular

Texas House Bill HB1753 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R7579 GCB-D
2	2	By: Leibowitz H.B. No. 1753
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the criminal penalties and civil consequences for
8	8	defendants convicted of an offense of graffiti and for juveniles
9	9	adjudicated as having engaged in conduct involving graffiti.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Article 102.0171(a), Code of Criminal Procedure,
12	12	is amended to read as follows:
13	13	(a) A defendant convicted of an offense under Section 28.08,
14	14	Penal Code, in a county court, county court at law, or district
15	15	court shall pay a $100 [$50] juvenile delinquency prevention and
16	16	graffiti eradication fee as a cost of court.
17	17	SECTION 2. Section 54.046, Family Code, is amended by
18	18	adding Subsection (d) to read as follows:
19	19	(d) If on at least one previous occasion the child has been
20	20	adjudicated as having engaged in conduct in violation of Section
21	21	28.08, Penal Code, for which the child was placed on probation under
22	22	Section 54.04(d), in addition to other conditions of probation, the
23	23	court shall order the child to perform not less than 100 hours of
24	24	community service.
25	25	SECTION 3. Section 54.0461(a), Family Code, is amended to
26	26	read as follows:
27	27	(a) If a child is adjudicated as having engaged in
28	28	delinquent conduct that violates Section 28.08, Penal Code, the
29	29	juvenile court shall order the child, parent, or other person
30	30	responsible for the child's support to pay to the court a $100 [$50]
31	31	juvenile delinquency prevention fee as a cost of court.
32	32	SECTION 4. Section 102.041, Government Code, as amended by
33	33	Chapter 921 (H.B. 3167), Acts of the 80th Legislature, Regular
34	34	Session, 2007, is amended to read as follows:
35	35	Sec. 102.041. ADDITIONAL COURT COSTS ON CONVICTION IN
36	36	DISTRICT COURT: CODE OF CRIMINAL PROCEDURE. The clerk of a
37	37	district court shall collect fees and costs under the Code of
38	38	Criminal Procedure on conviction of a defendant as follows:
39	39	(1) a jury fee (Art. 102.004, Code of Criminal
40	40	Procedure) . . . $20;
41	41	(2) a fee for clerk of the court services (Art.
42	42	102.005, Code of Criminal Procedure) . . . $40;
43	43	(3) a records management and preservation services fee
44	44	(Art. 102.005, Code of Criminal Procedure) . . . $25;
45	45	(4) a security fee on a felony offense (Art. 102.017,
46	46	Code of Criminal Procedure) . . . $5;
47	47	(5) a security fee on a misdemeanor offense (Art.
48	48	102.017, Code of Criminal Procedure) . . . $3; and
49	49	(6) a juvenile delinquency prevention and graffiti
50	50	eradication fee (Art. 102.0171, Code of Criminal Procedure) . . .
51	51	$100 [$5].
52	52	SECTION 5. Section 102.061, Government Code, as amended by
53	53	Chapter 921 (H.B. 3167), Acts of the 80th Legislature, Regular
54	54	Session, 2007, is amended to read as follows:
55	55	Sec. 102.061. ADDITIONAL COURT COSTS ON CONVICTION IN
56	56	STATUTORY COUNTY COURT: CODE OF CRIMINAL PROCEDURE. The clerk of a
57	57	statutory county court shall collect fees and costs under the Code
58	58	of Criminal Procedure on conviction of a defendant as follows:
59	59	(1) a jury fee (Art. 102.004, Code of Criminal
60	60	Procedure) . . . $20;
61	61	(2) a fee for services of the clerk of the court (Art.
62	62	102.005, Code of Criminal Procedure) . . . $40;
63	63	(3) a records management and preservation services fee
64	64	(Art. 102.005, Code of Criminal Procedure) . . . $25;
65	65	(4) a security fee on a misdemeanor offense (Art.
66	66	102.017, Code of Criminal Procedure) . . . $3;
67	67	(5) a juvenile delinquency prevention and graffiti
68	68	eradication fee (Art. 102.0171, Code of Criminal Procedure) . . .
69	69	$100 [$5]; and
70	70	(6) a juvenile case manager fee (Art. 102.0174, Code
71	71	of Criminal Procedure) . . . not to exceed $5.
72	72	SECTION 6. Section 102.081, Government Code, as amended by
73	73	Chapter 921 (H.B. 3167), Acts of the 80th Legislature, Regular
74	74	Session, 2007, is amended to read as follows:
75	75	Sec. 102.081. ADDITIONAL COURT COSTS ON CONVICTION IN
76	76	COUNTY COURT: CODE OF CRIMINAL PROCEDURE. The clerk of a county
77	77	court shall collect fees and costs under the Code of Criminal
78	78	Procedure on conviction of a defendant as follows:
79	79	(1) a jury fee (Art. 102.004, Code of Criminal
80	80	Procedure) . . . $20;
81	81	(2) a fee for clerk of the court services (Art.
82	82	102.005, Code of Criminal Procedure) . . . $40;
83	83	(3) a records management and preservation services fee
84	84	(Art. 102.005, Code of Criminal Procedure) . . . $25;
85	85	(4) a security fee on a misdemeanor offense (Art.
86	86	102.017, Code of Criminal Procedure) . . . $3;
87	87	(5) a juvenile delinquency prevention and graffiti
88	88	eradication fee (Art. 102.0171, Code of Criminal Procedure) . . .
89	89	$100 [$5]; and
90	90	(6) a juvenile case manager fee (Art. 102.0174, Code
91	91	of Criminal Procedure) . . . not to exceed $5.
92	92	SECTION 7. Section 103.0212, Government Code, is amended to
93	93	read as follows:
94	94	Sec. 103.0212. ADDITIONAL FEES AND COSTS IN CRIMINAL OR
95	95	CIVIL CASES: FAMILY CODE. An accused or defendant, or a party to a
96	96	civil suit, as applicable, shall pay the following fees and costs
97	97	under the Family Code if ordered by the court or otherwise required:
98	98	(1) in family matters:
99	99	(A) issuing writ of withholding (Sec. 8.262,
100	100	Family Code) . . . $15;
101	101	(B) filing copy of writ of withholding to
102	102	subsequent employer (Sec. 8.267, Family Code) . . . $15;
103	103	(C) issuing and delivering modified writ of
104	104	withholding or notice of termination (Sec. 8.302, Family Code)
105	105	. . . $15;
106	106	(D) issuing and delivering notice of termination
107	107	of withholding (Sec. 8.303, Family Code) . . . $15;
108	108	(E) issuance of change of name certificate (Sec.
109	109	45.106, Family Code) . . . $10;
110	110	(F) protective order fee (Sec. 81.003, Family
111	111	Code) . . . $16;
112	112	(G) filing suit requesting adoption of child
113	113	(Sec. 108.006, Family Code) . . . $15;
114	114	(H) filing fees for suits affecting parent-child
115	115	relationship (Sec. 110.002, Family Code):
116	116	(i) suit or motion for modification (Sec.
117	117	110.002, Family Code) . . . $15;
118	118	(ii) motion for enforcement (Sec. 110.002,
119	119	Family Code) . . . $15;
120	120	(iii) notice of application for judicial
121	121	writ of withholding (Sec. 110.002, Family Code) . . . $15;
122	122	(iv) motion to transfer (Sec. 110.002,
123	123	Family Code) . . . $15;
124	124	(v) petition for license suspension (Sec.
125	125	110.002, Family Code) . . . $15;
126	126	(vi) motion to revoke a stay of license
127	127	suspension (Sec. 110.002, Family Code) . . . $15; and
128	128	(vii) motion for contempt (Sec. 110.002,
129	129	Family Code) . . . $15;
130	130	(I) order or writ of income withholding to be
131	131	delivered to employer (Sec. 110.004, Family Code) . . . not to
132	132	exceed $15;
133	133	(J) filing fee for transferred case (Sec.
134	134	110.005, Family Code) . . . $45;
135	135	(K) filing a writ of withholding (Sec. 158.319,
136	136	Family Code) . . . $15;
137	137	(L) filing a request for modified writ of
138	138	withholding or notice of termination (Sec. 158.403, Family Code)
139	139	. . . not to exceed $15;
140	140	(M) filing an administrative writ to employer
141	141	(Sec. 158.503, Family Code) . . . not to exceed $15; and
142	142	(N) genetic testing fees in relation to a child
143	143	born to a gestational mother (Sec. 160.762, Family Code) . . . as
144	144	assessed by the court; and
145	145	(2) in juvenile court:
146	146	(A) fee schedule for deferred prosecution
147	147	services (Sec. 53.03, Family Code) . . . maximum fee of $15 a month;
148	148	(B) a teen court administration fee (Sec. 54.032,
149	149	Family Code) . . . not to exceed $10;
150	150	(C) court costs for juvenile probation diversion
151	151	fund (Sec. 54.0411, Family Code) . . . $20;
152	152	(D) a juvenile delinquency prevention fee (Sec.
153	153	54.0461, Family Code) . . . $100 [$5]; and
154	154	(E) a court fee for child's probationary period
155	155	(Sec. 54.061, Family Code) . . . not to exceed $15 a month.
156	156	SECTION 8. Sections 28.08(b) and (d), Penal Code, are
157	157	amended to read as follows:
158	158	(b) Except as provided by Subsection (d), an offense under
159	159	this section is:
160	160	(1) a Class A [B] misdemeanor if the amount of
161	161	pecuniary loss is less than $500;
162	162	(2) a state jail felony [Class A misdemeanor] if the
163	163	amount of pecuniary loss is $500 or more but less than $1,500;
164	164	(3) a felony of the third degree [state jail felony] if
165	165	the amount of pecuniary loss is $1,500 or more but less than
166	166	$20,000;
167	167	(4) a felony of the second [third] degree if the amount
168	168	of pecuniary loss is $20,000 or more but less than $100,000; or
169	169	(5) a felony of the first [second] degree if the amount
170	170	of pecuniary loss is $100,000 or more [but less than $200,000; or
171	171	[(6) a felony of the first degree if the amount of
172	172	pecuniary loss is $200,000 or more].
173	173	(d) An offense under this section is a [state jail] felony
174	174	of the third degree if:
175	175	(1) the marking is made on a school, an institution of
176	176	higher education, a place of worship or human burial, a public
177	177	monument, or a community center that provides medical, social, or
178	178	educational programs; and
179	179	(2) the amount of the pecuniary loss to real property
180	180	or to tangible personal property is less than $20,000.
181	181	SECTION 9. The change in law made by this Act applies only
182	182	to an offense committed on or after the effective date of this Act.
183	183	An offense committed before the effective date of this Act is
184	184	covered by the law in effect when the offense was committed, and the
185	185	former law is continued in effect for that purpose. For purposes of
186	186	this section, an offense was committed before the effective date of
187	187	this Act if any element of the offense was committed before that
188	188	date.
189	189	SECTION 10. This Act takes effect September 1, 2009.