81R1907 SJM-D
By: Edwards H.B. No. 2158
A BILL TO BE ENTITLED
AN ACT
relating to the imposition of a cost on conviction to pay expenses
related to DNA collection or analysis.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 102.020(a), Code of Criminal Procedure,
is amended to read as follows:
(a) A person shall pay [$250] as a court cost $60 on
conviction of a felony [an] offense [listed in Section
411.1471(a)(1), Government Code,] and $30 [$50 as a court cost] on
conviction of a misdemeanor offense if:
(1) the person's DNA was analyzed as part of the
investigation of the offense; or
(2) after the person's arrest for the offense, the
person was required under other law in relation to that offense to
provide to a law enforcement agency one or more specimens for the
purpose of creating a DNA record under Subchapter G, Chapter 411,
Government Code [an offense listed in Section 411.1471(a)(3) of
that code].
SECTION 2. (a) Section 102.021, Government Code, is amended
to conform to Chapter 1263 (H.B. 3060), Acts of the 80th
Legislature, Regular Session, 2007, and is further amended to read
as follows:
Sec. 102.021. COURT COSTS ON CONVICTION: CODE OF CRIMINAL
PROCEDURE. A person convicted of an offense shall pay the following
under the Code of Criminal Procedure, in addition to all other
costs:
(1) court cost on conviction of any offense, other
than a conviction of an offense relating to a pedestrian or the
parking of a motor vehicle (Art. 102.0045, Code of Criminal
Procedure) . . . $4;
(2) a fee for services of prosecutor (Art. 102.008,
Code of Criminal Procedure) . . . $25;
(3) fees for services of peace officer:
(A) issuing a written notice to appear in court
for certain violations (Art. 102.011, Code of Criminal Procedure)
. . . $5;
(B) executing or processing an issued arrest
warrant, [or] capias, or capias pro fine (Art. 102.011, Code of
Criminal Procedure) . . . $50;
(C) summoning a witness (Art. 102.011, Code of
Criminal Procedure) . . . $5;
(D) serving a writ not otherwise listed (Art.
102.011, Code of Criminal Procedure) . . . $35;
(E) taking and approving a bond and, if
necessary, returning the bond to courthouse (Art. 102.011, Code of
Criminal Procedure) . . . $10;
(F) commitment or release (Art. 102.011, Code of
Criminal Procedure) . . . $5;
(G) summoning a jury (Art. 102.011, Code of
Criminal Procedure) . . . $5;
(H) attendance of a prisoner in habeas corpus
case if prisoner has been remanded to custody or held to bail (Art.
102.011, Code of Criminal Procedure) . . . $8 each day;
(I) mileage for certain services performed (Art.
102.011, Code of Criminal Procedure) . . . $0.29 per mile; and
(J) services of a sheriff or constable who serves
process and attends examining trial in certain cases (Art. 102.011,
Code of Criminal Procedure) . . . not to exceed $5;
(4) services of a peace officer in conveying a witness
outside the county (Art. 102.011, Code of Criminal Procedure) . . .
$10 per day or part of a day, plus actual necessary travel expenses;
(5) overtime of peace officer for time spent
testifying in the trial or traveling to or from testifying in the
trial (Art. 102.011, Code of Criminal Procedure) . . . actual cost;
(6) court costs on an offense relating to rules of the
road, when offense occurs within a school crossing zone (Art.
102.014, Code of Criminal Procedure) . . . $25;
(7) court costs on an offense of passing a school bus
(Art. 102.014, Code of Criminal Procedure) . . . $25;
(8) court costs on an offense of truancy or
contributing to truancy (Art. 102.014, Code of Criminal Procedure)
. . . $20;
(9) cost for visual recording of intoxication arrest
before conviction (Art. 102.018, Code of Criminal Procedure) . . .
$15;
(10) cost of certain evaluations (Art. 102.018, Code
of Criminal Procedure) . . . actual cost;
(11) additional costs attendant to certain
intoxication convictions under Chapter 49, Penal Code, for
emergency medical services, trauma facilities, and trauma care
systems (Art. 102.0185, Code of Criminal Procedure) . . . $100;
(12) additional costs attendant to certain child
sexual assault and related convictions, for child abuse prevention
programs (Art. 102.0186, Code of Criminal Procedure) . . . $100;
(13) cost for DNA testing for certain felonies (Art.
102.020, Code of Criminal Procedure) . . . $60 [$250];
(14) cost for DNA testing for certain misdemeanors
(Art. 102.020, Code of Criminal Procedure) . . . $30 [court cost on
an offense of public lewdness or indecent exposure (Art. 102.020,
Code of Criminal Procedure) . . . $50];
(15) if required by the court, a restitution fee for
costs incurred in collecting restitution installments and for the
compensation to victims of crime fund (Art. 42.037, Code of
Criminal Procedure) . . . $12; [and]
(16) if directed by the justice of the peace or
municipal court judge hearing the case, court costs on conviction
in a criminal action (Art. 45.041, Code of Criminal Procedure)
. . . part or all of the costs as directed by the judge; and
(17) costs attendant to convictions under Chapter 49,
Penal Code, and under Chapter 481, Health and Safety Code, to help
fund drug court programs established under Chapter 469, Health and
Safety Code (Art. 102.0178, Code of Criminal Procedure) . . . $50.
(b) Section 102.0215, Government Code, is repealed.
SECTION 3. The change in law made by this Act applies only
to an offense committed on or after the effective date of this Act.
An offense committed before the effective date of this Act is
covered by the law in effect when the offense was committed, and the
former law is continued in effect for that purpose. For purposes of
this section, an offense is committed before the effective date of
this Act if any element of the offense occurs before that date.
SECTION 4. This Act takes effect September 1, 2009.