Texas 2009 - 81st Regular

Texas House Bill HB2158 Compare Versions

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

Old	New	Differences
1	1	81R1907 SJM-D
2	2	By: Edwards H.B. No. 2158
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the imposition of a cost on conviction to pay expenses
8	8	related to DNA collection or analysis.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Article 102.020(a), Code of Criminal Procedure,
11	11	is amended to read as follows:
12	12	(a) A person shall pay [$250] as a court cost $60 on
13	13	conviction of a felony [an] offense [listed in Section
14	14	411.1471(a)(1), Government Code,] and $30 [$50 as a court cost] on
15	15	conviction of a misdemeanor offense if:
16	16	(1) the person's DNA was analyzed as part of the
17	17	investigation of the offense; or
18	18	(2) after the person's arrest for the offense, the
19	19	person was required under other law in relation to that offense to
20	20	provide to a law enforcement agency one or more specimens for the
21	21	purpose of creating a DNA record under Subchapter G, Chapter 411,
22	22	Government Code [an offense listed in Section 411.1471(a)(3) of
23	23	that code].
24	24	SECTION 2. (a) Section 102.021, Government Code, is amended
25	25	to conform to Chapter 1263 (H.B. 3060), Acts of the 80th
26	26	Legislature, Regular Session, 2007, and is further amended to read
27	27	as follows:
28	28	Sec. 102.021. COURT COSTS ON CONVICTION: CODE OF CRIMINAL
29	29	PROCEDURE. A person convicted of an offense shall pay the following
30	30	under the Code of Criminal Procedure, in addition to all other
31	31	costs:
32	32	(1) court cost on conviction of any offense, other
33	33	than a conviction of an offense relating to a pedestrian or the
34	34	parking of a motor vehicle (Art. 102.0045, Code of Criminal
35	35	Procedure) . . . $4;
36	36	(2) a fee for services of prosecutor (Art. 102.008,
37	37	Code of Criminal Procedure) . . . $25;
38	38	(3) fees for services of peace officer:
39	39	(A) issuing a written notice to appear in court
40	40	for certain violations (Art. 102.011, Code of Criminal Procedure)
41	41	. . . $5;
42	42	(B) executing or processing an issued arrest
43	43	warrant, [or] capias, or capias pro fine (Art. 102.011, Code of
44	44	Criminal Procedure) . . . $50;
45	45	(C) summoning a witness (Art. 102.011, Code of
46	46	Criminal Procedure) . . . $5;
47	47	(D) serving a writ not otherwise listed (Art.
48	48	102.011, Code of Criminal Procedure) . . . $35;
49	49	(E) taking and approving a bond and, if
50	50	necessary, returning the bond to courthouse (Art. 102.011, Code of
51	51	Criminal Procedure) . . . $10;
52	52	(F) commitment or release (Art. 102.011, Code of
53	53	Criminal Procedure) . . . $5;
54	54	(G) summoning a jury (Art. 102.011, Code of
55	55	Criminal Procedure) . . . $5;
56	56	(H) attendance of a prisoner in habeas corpus
57	57	case if prisoner has been remanded to custody or held to bail (Art.
58	58	102.011, Code of Criminal Procedure) . . . $8 each day;
59	59	(I) mileage for certain services performed (Art.
60	60	102.011, Code of Criminal Procedure) . . . $0.29 per mile; and
61	61	(J) services of a sheriff or constable who serves
62	62	process and attends examining trial in certain cases (Art. 102.011,
63	63	Code of Criminal Procedure) . . . not to exceed $5;
64	64	(4) services of a peace officer in conveying a witness
65	65	outside the county (Art. 102.011, Code of Criminal Procedure) . . .
66	66	$10 per day or part of a day, plus actual necessary travel expenses;
67	67	(5) overtime of peace officer for time spent
68	68	testifying in the trial or traveling to or from testifying in the
69	69	trial (Art. 102.011, Code of Criminal Procedure) . . . actual cost;
70	70	(6) court costs on an offense relating to rules of the
71	71	road, when offense occurs within a school crossing zone (Art.
72	72	102.014, Code of Criminal Procedure) . . . $25;
73	73	(7) court costs on an offense of passing a school bus
74	74	(Art. 102.014, Code of Criminal Procedure) . . . $25;
75	75	(8) court costs on an offense of truancy or
76	76	contributing to truancy (Art. 102.014, Code of Criminal Procedure)
77	77	. . . $20;
78	78	(9) cost for visual recording of intoxication arrest
79	79	before conviction (Art. 102.018, Code of Criminal Procedure) . . .
80	80	$15;
81	81	(10) cost of certain evaluations (Art. 102.018, Code
82	82	of Criminal Procedure) . . . actual cost;
83	83	(11) additional costs attendant to certain
84	84	intoxication convictions under Chapter 49, Penal Code, for
85	85	emergency medical services, trauma facilities, and trauma care
86	86	systems (Art. 102.0185, Code of Criminal Procedure) . . . $100;
87	87	(12) additional costs attendant to certain child
88	88	sexual assault and related convictions, for child abuse prevention
89	89	programs (Art. 102.0186, Code of Criminal Procedure) . . . $100;
90	90	(13) cost for DNA testing for certain felonies (Art.
91	91	102.020, Code of Criminal Procedure) . . . $60 [$250];
92	92	(14) cost for DNA testing for certain misdemeanors
93	93	(Art. 102.020, Code of Criminal Procedure) . . . $30 [court cost on
94	94	an offense of public lewdness or indecent exposure (Art. 102.020,
95	95	Code of Criminal Procedure) . . . $50];
96	96	(15) if required by the court, a restitution fee for
97	97	costs incurred in collecting restitution installments and for the
98	98	compensation to victims of crime fund (Art. 42.037, Code of
99	99	Criminal Procedure) . . . $12; [and]
100	100	(16) if directed by the justice of the peace or
101	101	municipal court judge hearing the case, court costs on conviction
102	102	in a criminal action (Art. 45.041, Code of Criminal Procedure)
103	103	. . . part or all of the costs as directed by the judge; and
104	104	(17) costs attendant to convictions under Chapter 49,
105	105	Penal Code, and under Chapter 481, Health and Safety Code, to help
106	106	fund drug court programs established under Chapter 469, Health and
107	107	Safety Code (Art. 102.0178, Code of Criminal Procedure) . . . $50.
108	108	(b) Section 102.0215, Government Code, is repealed.
109	109	SECTION 3. The change in law made by this Act applies only
110	110	to an offense committed on or after the effective date of this Act.
111	111	An offense committed before the effective date of this Act is
112	112	covered by the law in effect when the offense was committed, and the
113	113	former law is continued in effect for that purpose. For purposes of
114	114	this section, an offense is committed before the effective date of
115	115	this Act if any element of the offense occurs before that date.
116	116	SECTION 4. This Act takes effect September 1, 2009.