| 1 | 1 | | 81R3046 GCB-D |
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| 2 | 2 | | By: Gutierrez H.B. No. 579 |
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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 certain costs on conviction in certain intoxication and |
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| 8 | 8 | | drug cases. |
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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. Article 102.0178(a), Code of Criminal Procedure, |
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| 11 | 11 | | is amended to read as follows: |
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| 12 | 12 | | (a) In addition to other costs on conviction imposed by this |
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| 13 | 13 | | chapter, a person shall pay $60 [$50] as a court cost on conviction |
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| 14 | 14 | | of an offense punishable as a Class B misdemeanor or any higher |
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| 15 | 15 | | category of offense under: |
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| 16 | 16 | | (1) Chapter 49, Penal Code; or |
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| 17 | 17 | | (2) Chapter 481, Health and Safety Code. |
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| 18 | 18 | | SECTION 2. (a) Section 102.021, Government Code, is |
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| 19 | 19 | | amended to conform to Chapter 1263 (H.B. 3060), Acts of the 80th |
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| 20 | 20 | | Legislature, Regular Session, 2007, and is further amended to read |
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| 21 | 21 | | as follows: |
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| 22 | 22 | | Sec. 102.021. COURT COSTS ON CONVICTION: CODE OF CRIMINAL |
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| 23 | 23 | | PROCEDURE. A person convicted of an offense shall pay the following |
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| 24 | 24 | | under the Code of Criminal Procedure, in addition to all other |
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| 25 | 25 | | costs: |
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| 26 | 26 | | (1) court cost on conviction of any offense, other |
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| 27 | 27 | | than a conviction of an offense relating to a pedestrian or the |
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| 28 | 28 | | parking of a motor vehicle (Art. 102.0045, Code of Criminal |
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| 29 | 29 | | Procedure) . . . $4; |
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| 30 | 30 | | (2) a fee for services of prosecutor (Art. 102.008, |
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| 31 | 31 | | Code of Criminal Procedure) . . . $25; |
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| 32 | 32 | | (3) fees for services of peace officer: |
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| 33 | 33 | | (A) issuing a written notice to appear in court |
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| 34 | 34 | | for certain violations (Art. 102.011, Code of Criminal Procedure) |
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| 35 | 35 | | . . . $5; |
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| 36 | 36 | | (B) executing or processing an issued arrest |
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| 37 | 37 | | warrant, [or] capias, or capias pro fine (Art. 102.011, Code of |
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| 38 | 38 | | Criminal Procedure) . . . $50; |
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| 39 | 39 | | (C) summoning a witness (Art. 102.011, Code of |
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| 40 | 40 | | Criminal Procedure) . . . $5; |
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| 41 | 41 | | (D) serving a writ not otherwise listed (Art. |
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| 42 | 42 | | 102.011, Code of Criminal Procedure) . . . $35; |
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| 43 | 43 | | (E) taking and approving a bond and, if |
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| 44 | 44 | | necessary, returning the bond to courthouse (Art. 102.011, Code of |
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| 45 | 45 | | Criminal Procedure) . . . $10; |
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| 46 | 46 | | (F) commitment or release (Art. 102.011, Code of |
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| 47 | 47 | | Criminal Procedure) . . . $5; |
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| 48 | 48 | | (G) summoning a jury (Art. 102.011, Code of |
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| 49 | 49 | | Criminal Procedure) . . . $5; |
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| 50 | 50 | | (H) attendance of a prisoner in habeas corpus |
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| 51 | 51 | | case if prisoner has been remanded to custody or held to bail (Art. |
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| 52 | 52 | | 102.011, Code of Criminal Procedure) . . . $8 each day; |
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| 53 | 53 | | (I) mileage for certain services performed (Art. |
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| 54 | 54 | | 102.011, Code of Criminal Procedure) . . . $0.29 per mile; and |
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| 55 | 55 | | (J) services of a sheriff or constable who serves |
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| 56 | 56 | | process and attends examining trial in certain cases (Art. 102.011, |
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| 57 | 57 | | Code of Criminal Procedure) . . . not to exceed $5; |
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| 58 | 58 | | (4) services of a peace officer in conveying a witness |
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| 59 | 59 | | outside the county (Art. 102.011, Code of Criminal Procedure) . . . |
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| 60 | 60 | | $10 per day or part of a day, plus actual necessary travel expenses; |
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| 61 | 61 | | (5) overtime of peace officer for time spent |
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| 62 | 62 | | testifying in the trial or traveling to or from testifying in the |
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| 63 | 63 | | trial (Art. 102.011, Code of Criminal Procedure) . . . actual cost; |
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| 64 | 64 | | (6) court costs on an offense relating to rules of the |
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| 65 | 65 | | road, when offense occurs within a school crossing zone (Art. |
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| 66 | 66 | | 102.014, Code of Criminal Procedure) . . . $25; |
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| 67 | 67 | | (7) court costs on an offense of passing a school bus |
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| 68 | 68 | | (Art. 102.014, Code of Criminal Procedure) . . . $25; |
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| 69 | 69 | | (8) court costs on an offense of truancy or |
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| 70 | 70 | | contributing to truancy (Art. 102.014, Code of Criminal Procedure) |
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| 71 | 71 | | . . . $20; |
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| 72 | 72 | | (9) cost for visual recording of intoxication arrest |
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| 73 | 73 | | before conviction (Art. 102.018, Code of Criminal Procedure) . . . |
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| 74 | 74 | | $15; |
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| 75 | 75 | | (10) cost of certain evaluations (Art. 102.018, Code |
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| 76 | 76 | | of Criminal Procedure) . . . actual cost; |
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| 77 | 77 | | (11) additional costs attendant to certain |
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| 78 | 78 | | intoxication convictions under Chapter 49, Penal Code, for |
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| 79 | 79 | | emergency medical services, trauma facilities, and trauma care |
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| 80 | 80 | | systems (Art. 102.0185, Code of Criminal Procedure) . . . $100; |
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| 81 | 81 | | (12) additional costs attendant to certain child |
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| 82 | 82 | | sexual assault and related convictions, for child abuse prevention |
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| 83 | 83 | | programs (Art. 102.0186, Code of Criminal Procedure) . . . $100; |
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| 84 | 84 | | (13) cost for DNA testing for certain felonies (Art. |
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| 85 | 85 | | 102.020, Code of Criminal Procedure) . . . $250; |
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| 86 | 86 | | (14) court cost on an offense of public lewdness or |
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| 87 | 87 | | indecent exposure (Art. 102.020, Code of Criminal Procedure) . . . |
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| 88 | 88 | | $50; |
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| 89 | 89 | | (15) if required by the court, a restitution fee for |
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| 90 | 90 | | costs incurred in collecting restitution installments and for the |
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| 91 | 91 | | compensation to victims of crime fund (Art. 42.037, Code of |
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| 92 | 92 | | Criminal Procedure) . . . $12; [and] |
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| 93 | 93 | | (16) if directed by the justice of the peace or |
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| 94 | 94 | | municipal court judge hearing the case, court costs on conviction |
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| 95 | 95 | | in a criminal action (Art. 45.041, Code of Criminal Procedure) |
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| 96 | 96 | | . . . part or all of the costs as directed by the judge; and |
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| 97 | 97 | | (17) costs attendant to convictions under Chapter 49, |
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| 98 | 98 | | Penal Code, and under Chapter 481, Health and Safety Code, to help |
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| 99 | 99 | | fund drug court programs established under Chapter 469, Health and |
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| 100 | 100 | | Safety Code (Art. 102.0178, Code of Criminal Procedure) . . . $60. |
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| 101 | 101 | | (b) Section 102.0215, Government Code, is repealed. |
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| 102 | 102 | | SECTION 3. The change in law made by this Act applies only |
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| 103 | 103 | | to an offense committed on or after the effective date of this Act. |
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| 104 | 104 | | An offense committed before the effective date of this Act is |
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| 105 | 105 | | covered by the law in effect when the offense was committed, and the |
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| 106 | 106 | | former law is continued in effect for that purpose. For purposes of |
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| 107 | 107 | | this section, an offense was committed before the effective date of |
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| 108 | 108 | | this Act if any element of the offense was committed before that |
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| 109 | 109 | | date. |
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| 110 | 110 | | SECTION 4. This Act takes effect September 1, 2009. |
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