| 1 | 1 | | 81R2383 KEL-D |
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| 2 | 2 | | By: Whitmire S.B. No. 2088 |
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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 state and local court costs and fees associated with |
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| 8 | 8 | | criminal 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. Subchapter C, Chapter 72, Government Code, is |
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| 11 | 11 | | amended by adding Sections 72.031 and 72.032 to read as follows: |
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| 12 | 12 | | Sec. 72.031. COLLECTION OF DATA RELATING TO STATE AND LOCAL |
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| 13 | 13 | | COURT COSTS AND FEES ASSOCIATED WITH CRIMINAL CASES. (a) The |
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| 14 | 14 | | office shall collect data relating to the imposition of local and |
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| 15 | 15 | | state court costs and fees associated with criminal cases. |
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| 16 | 16 | | (b) Not later than December 1 of each even-numbered year, |
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| 17 | 17 | | the office shall file a report analyzing the data collected under |
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| 18 | 18 | | Subsection (a) for the two preceding state fiscal years with the |
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| 19 | 19 | | governor, the lieutenant governor, the speaker of the house of |
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| 20 | 20 | | representatives, and the presiding officers of the standing |
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| 21 | 21 | | committees of each house of the legislature with primary |
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| 22 | 22 | | jurisdiction over criminal justice issues. |
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| 23 | 23 | | (c) The report filed under Subsection (b) must include: |
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| 24 | 24 | | (1) findings as to whether court costs and fees |
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| 25 | 25 | | associated with criminal cases are imposed uniformly throughout the |
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| 26 | 26 | | state; |
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| 27 | 27 | | (2) findings as to which costs and fees described by |
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| 28 | 28 | | Subdivision (1), if any, should be consolidated for the purpose of |
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| 29 | 29 | | streamlining the administration of criminal justice in this state; |
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| 30 | 30 | | and |
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| 31 | 31 | | (3) proposed legislation for clarifying and |
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| 32 | 32 | | consolidating appropriate state and local court costs and fees |
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| 33 | 33 | | associated with criminal cases, for imposing new costs or fees, or |
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| 34 | 34 | | for repealing any existing costs or fees. |
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| 35 | 35 | | (d) The purpose of the report is to provide the legislature |
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| 36 | 36 | | with information and recommendations to facilitate legislation |
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| 37 | 37 | | that clarifies and consolidates state and local fees associated |
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| 38 | 38 | | with criminal cases. |
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| 39 | 39 | | Sec. 72.032. STANDARDS FOR THE COLLECTION AND IMPOSITION OF |
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| 40 | 40 | | STATE AND LOCAL COURT COSTS AND FEES ASSOCIATED WITH CRIMINAL |
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| 41 | 41 | | CASES; MODIFICATION OF AMOUNTS. (a) To improve the efficiency of |
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| 42 | 42 | | the administration of criminal justice in this state, the office by |
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| 43 | 43 | | rule shall prescribe uniform standards and procedures for the |
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| 44 | 44 | | collection and imposition of local and state court costs and fees |
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| 45 | 45 | | associated with criminal cases, including: |
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| 46 | 46 | | (1) costs and fees prescribed by the Code of Criminal |
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| 47 | 47 | | Procedure, Government Code, Local Government Code, and |
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| 48 | 48 | | Transportation Code; and |
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| 49 | 49 | | (2) costs and fees paid by a criminal defendant in |
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| 50 | 50 | | relation to the defendant's criminal case or in relation to any |
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| 51 | 51 | | confinement or supervision of the defendant on the conclusion of |
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| 52 | 52 | | that case. |
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| 53 | 53 | | (b) Notwithstanding any other law, the office by rule may |
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| 54 | 54 | | modify the amount of any local or state court cost or fee as |
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| 55 | 55 | | necessary to ensure that proceeds from applicable costs and fees: |
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| 56 | 56 | | (1) are adequate to cover the costs associated with a |
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| 57 | 57 | | criminal case or with the confinement or supervision of a criminal |
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| 58 | 58 | | defendant for which the cost or fee is imposed or authorized; and |
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| 59 | 59 | | (2) are not excessive for that purpose. |
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| 60 | 60 | | SECTION 2. Section 133.102(a), Local Government Code, is |
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| 61 | 61 | | amended to read as follows: |
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| 62 | 62 | | (a) A person convicted of an offense shall pay as a court |
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| 63 | 63 | | cost, in addition to all other costs: |
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| 64 | 64 | | (1) $134 [$133] on conviction of a felony; |
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| 65 | 65 | | (2) $82 [$83] on conviction of a Class A or Class B |
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| 66 | 66 | | misdemeanor; or |
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| 67 | 67 | | (3) $42 [$40] on conviction of a nonjailable |
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| 68 | 68 | | misdemeanor offense, including a criminal violation of a municipal |
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| 69 | 69 | | ordinance, other than a conviction of an offense relating to a |
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| 70 | 70 | | pedestrian or the parking of a motor vehicle. |
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| 71 | 71 | | SECTION 3. This Act takes effect immediately if it receives |
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| 72 | 72 | | a vote of two-thirds of all the members elected to each house, as |
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| 73 | 73 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 74 | 74 | | Act does not receive the vote necessary for immediate effect, this |
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| 75 | 75 | | Act takes effect September 1, 2009. |
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