Texas 2009 - 81st Regular

Texas House Bill HB666 Compare Versions

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Old	New	Differences
1	1	H.B. No. 666
2	2
3	3
4	4	AN ACT
5	5	relating to certain costs used to fund drug court programs.
6	6	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
7	7	SECTION 1. Article 102.0178(a), Code of Criminal Procedure,
8	8	is amended to read as follows:
9	9	(a) In addition to other costs on conviction imposed by this
10	10	chapter, a person shall pay $60 [$50] as a court cost on conviction
11	11	of an offense punishable as a Class B misdemeanor or any higher
12	12	category of offense under:
13	13	(1) Chapter 49, Penal Code; or
14	14	(2) Chapter 481, Health and Safety Code.
15	15	SECTION 2. (a) Section 102.021, Government Code, is
16	16	amended to conform to Chapter 1263 (H.B. 3060), Acts of the 80th
17	17	Legislature, Regular Session, 2007, and is further amended to read
18	18	as follows:
19	19	Sec. 102.021. COURT COSTS ON CONVICTION: CODE OF CRIMINAL
20	20	PROCEDURE. A person convicted of an offense shall pay the following
21	21	under the Code of Criminal Procedure, in addition to all other
22	22	costs:
23	23	(1) court cost on conviction of any offense, other
24	24	than a conviction of an offense relating to a pedestrian or the
25	25	parking of a motor vehicle (Art. 102.0045, Code of Criminal
26	26	Procedure) . . . $4;
27	27	(2) a fee for services of prosecutor (Art. 102.008,
28	28	Code of Criminal Procedure) . . . $25;
29	29	(3) fees for services of peace officer:
30	30	(A) issuing a written notice to appear in court
31	31	for certain violations (Art. 102.011, Code of Criminal Procedure)
32	32	. . . $5;
33	33	(B) executing or processing an issued arrest
34	34	warrant, [or] capias, or capias pro fine (Art. 102.011, Code of
35	35	Criminal Procedure) . . . $50;
36	36	(C) summoning a witness (Art. 102.011, Code of
37	37	Criminal Procedure) . . . $5;
38	38	(D) serving a writ not otherwise listed (Art.
39	39	102.011, Code of Criminal Procedure) . . . $35;
40	40	(E) taking and approving a bond and, if
41	41	necessary, returning the bond to courthouse (Art. 102.011, Code of
42	42	Criminal Procedure) . . . $10;
43	43	(F) commitment or release (Art. 102.011, Code of
44	44	Criminal Procedure) . . . $5;
45	45	(G) summoning a jury (Art. 102.011, Code of
46	46	Criminal Procedure) . . . $5;
47	47	(H) attendance of a prisoner in habeas corpus
48	48	case if prisoner has been remanded to custody or held to bail (Art.
49	49	102.011, Code of Criminal Procedure) . . . $8 each day;
50	50	(I) mileage for certain services performed (Art.
51	51	102.011, Code of Criminal Procedure) . . . $0.29 per mile; and
52	52	(J) services of a sheriff or constable who serves
53	53	process and attends examining trial in certain cases (Art. 102.011,
54	54	Code of Criminal Procedure) . . . not to exceed $5;
55	55	(4) services of a peace officer in conveying a witness
56	56	outside the county (Art. 102.011, Code of Criminal Procedure) . . .
57	57	$10 per day or part of a day, plus actual necessary travel expenses;
58	58	(5) overtime of peace officer for time spent
59	59	testifying in the trial or traveling to or from testifying in the
60	60	trial (Art. 102.011, Code of Criminal Procedure) . . . actual cost;
61	61	(6) court costs on an offense relating to rules of the
62	62	road, when offense occurs within a school crossing zone (Art.
63	63	102.014, Code of Criminal Procedure) . . . $25;
64	64	(7) court costs on an offense of passing a school bus
65	65	(Art. 102.014, Code of Criminal Procedure) . . . $25;
66	66	(8) court costs on an offense of truancy or
67	67	contributing to truancy (Art. 102.014, Code of Criminal Procedure)
68	68	. . . $20;
69	69	(9) cost for visual recording of intoxication arrest
70	70	before conviction (Art. 102.018, Code of Criminal Procedure) . . .
71	71	$15;
72	72	(10) cost of certain evaluations (Art. 102.018, Code
73	73	of Criminal Procedure) . . . actual cost;
74	74	(11) additional costs attendant to certain
75	75	intoxication convictions under Chapter 49, Penal Code, for
76	76	emergency medical services, trauma facilities, and trauma care
77	77	systems (Art. 102.0185, Code of Criminal Procedure) . . . $100;
78	78	(12) additional costs attendant to certain child
79	79	sexual assault and related convictions, for child abuse prevention
80	80	programs (Art. 102.0186, Code of Criminal Procedure) . . . $100;
81	81	(13) cost for DNA testing for certain felonies (Art.
82	82	102.020, Code of Criminal Procedure) . . . $250;
83	83	(14) court cost on an offense of public lewdness or
84	84	indecent exposure (Art. 102.020, Code of Criminal Procedure) . . .
85	85	$50;
86	86	(15) if required by the court, a restitution fee for
87	87	costs incurred in collecting restitution installments and for the
88	88	compensation to victims of crime fund (Art. 42.037, Code of
89	89	Criminal Procedure) . . . $12; [and]
90	90	(16) if directed by the justice of the peace or
91	91	municipal court judge hearing the case, court costs on conviction
92	92	in a criminal action (Art. 45.041, Code of Criminal Procedure)
93	93	. . . part or all of the costs as directed by the judge; and
94	94	(17) costs attendant to convictions under Chapter 49,
95	95	Penal Code, and under Chapter 481, Health and Safety Code, to help
96	96	fund drug court programs established under Chapter 469, Health and
97	97	Safety Code (Art. 102.0178, Code of Criminal Procedure) . . . $60.
98	98	(b) Section 102.0215, Government Code, is repealed.
99	99	SECTION 3. The change in law made by this Act applies only
100	100	to an offense committed on or after the effective date of this Act.
101	101	An offense committed before the effective date of this Act is
102	102	covered by the law in effect when the offense was committed, and the
103	103	former law is continued in effect for that purpose. For purposes of
104	104	this section, an offense was committed before the effective date of
105	105	this Act if any element of the offense was committed before that
106	106	date.
107	107	SECTION 4. This Act takes effect September 1, 2009.
108	108	______________________________ ______________________________
109	109	President of the Senate Speaker of the House
110	110	I certify that H.B. No. 666 was passed by the House on April
111	111	22, 2009, by the following vote: Yeas 147, Nays 0, 1 present, not
112	112	voting; that the House refused to concur in Senate amendments to
113	113	H.B. No. 666 on May 29, 2009, and requested the appointment of a
114	114	conference committee to consider the differences between the two
115	115	houses; and that the House adopted the conference committee report
116	116	on H.B. No. 666 on May 31, 2009, by the following vote: Yeas 143,
117	117	Nays 0, 1 present, not voting.
118	118	______________________________
119	119	Chief Clerk of the House
120	120	I certify that H.B. No. 666 was passed by the Senate, with
121	121	amendments, on May 25, 2009, by the following vote: Yeas 31, Nays
122	122	0; at the request of the House, the Senate appointed a conference
123	123	committee to consider the differences between the two houses; and
124	124	that the Senate adopted the conference committee report on H.B. No.
125	125	666 on May 31, 2009, by the following vote: Yeas 31, Nays 0.
126	126	______________________________
127	127	Secretary of the Senate
128	128	APPROVED: __________________
129	129	Date
130	130	__________________
131	131	Governor