Texas 2009 - 81st Regular

Texas Senate Bill SB632 Compare Versions

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

Old	New	Differences
1	1	81R6439 GCB-F
2	2	By: Seliger S.B. No. 632
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the authority of the governing body of a municipality to
8	8	create a municipal court equal justice and education fund and to
9	9	require certain defendants to pay court costs for deposit in the
10	10	fund.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Subchapter A, Chapter 102, Code of Criminal
13	13	Procedure, is amended by adding Article 102.0175 to read as
14	14	follows:
15	15	Art. 102.0175. COURT COSTS; MUNICIPAL COURT EQUAL JUSTICE
16	16	AND EDUCATION FUND. (a) The governing body of a municipality by
17	17	ordinance may create a municipal court equal justice and education
18	18	fund and may require a defendant convicted of a misdemeanor offense
19	19	in a municipal court or municipal court of record to pay a $1 equal
20	20	justice and education fee as a cost of court for deposit in the
21	21	fund.
22	22	(b) In this article, a person is considered convicted if:
23	23	(1) a sentence is imposed on the person; or
24	24	(2) the court defers final disposition of the person's
25	25	case.
26	26	(c) The municipal court clerk shall collect the costs and
27	27	pay the funds to the municipal treasurer, or to any other official
28	28	who discharges the duties commonly delegated to the municipal
29	29	treasurer, for deposit in a fund to be known as the municipal court
30	30	equal justice and education fund.
31	31	(d) A fund designated by this article may be used only to
32	32	finance:
33	33	(1) the purchase of services, materials, or equipment
34	34	for a municipal court or municipal court of record to provide equal
35	35	justice for individuals involved in the justice system, including
36	36	the purchase of:
37	37	(A) interpreter services;
38	38	(B) mental health and counseling services; or
39	39	(C) modifications to municipal court buildings
40	40	and other accommodations for individuals with disabilities;
41	41	(2) the appointment of an attorney for an indigent
42	42	defendant; or
43	43	(3) the education of municipal court judges and
44	44	municipal court support personnel, including the payment of
45	45	tuition, conference fees, and travel expenses incurred for
46	46	educational purposes.
47	47	(e) The municipal court equal justice and education fund
48	48	shall be administered by or under the direction of the governing
49	49	body of the municipality.
50	50	(f) The presiding judge of the municipal court shall
51	51	authorize expenditures from the fund and ensure that the
52	52	expenditures comply with any applicable purchasing policies of the
53	53	municipality. The judge shall provide to the governing body of the
54	54	municipality on a quarterly basis a detailed description and
55	55	accounting of all money spent under this article.
56	56	(g) The governing body of the municipality by ordinance may
57	57	provide that any amount in the fund that is not spent during a
58	58	fiscal year may remain in the fund for use in a subsequent fiscal
59	59	year.
60	60	SECTION 2. Sections 102.121 and 102.141, Government Code,
61	61	are amended to read as follows:
62	62	Sec. 102.121. ADDITIONAL COURT COSTS ON CONVICTION IN
63	63	MUNICIPAL COURT: CODE OF CRIMINAL PROCEDURE. The clerk of a
64	64	municipal court shall collect fees and costs on conviction of a
65	65	defendant as follows:
66	66	(1) a jury fee (Art. 102.004, Code of Criminal
67	67	Procedure) . . . $3;
68	68	(2) a fee for withdrawing request for jury less than 24
69	69	hours before time of trial (Art. 102.004, Code of Criminal
70	70	Procedure) . . . $3;
71	71	(3) a jury fee for two or more defendants tried jointly
72	72	(Art. 102.004, Code of Criminal Procedure) . . . one jury fee of $3;
73	73	(4) a security fee on a misdemeanor offense (Art.
74	74	102.017, Code of Criminal Procedure) . . . $3;
75	75	(5) a fee for technology fund on a misdemeanor offense
76	76	(Art. 102.0172, Code of Criminal Procedure) . . . not to exceed $4;
77	77	[and]
78	78	(6) a juvenile case manager fee (Art. 102.0174, Code
79	79	of Criminal Procedure) . . . not to exceed $5; and
80	80	(7) a fee for equal justice and education fund on a
81	81	misdemeanor offense (Art. 102.0175, Code of Criminal Procedure)
82	82	. . . $1.
83	83	Sec. 102.141. ADDITIONAL COURT COSTS IN MUNICIPAL COURT OF
84	84	RECORD: CODE OF CRIMINAL PROCEDURE. The clerk of a municipal court
85	85	of record shall collect from a defendant on conviction of a
86	86	misdemeanor offense:
87	87	(1) a fee of not more than $4 under Article 102.0172,
88	88	Code of Criminal Procedure, for the technology fund; and
89	89	(2) a fee of $1 under Article 102.0175, Code of
90	90	Criminal Procedure, for the equal justice and education fund.
91	91	SECTION 3. The change in law made by this Act applies only
92	92	to a cost on conviction for an offense committed on or after the
93	93	effective date of this Act. A cost on conviction for an offense
94	94	committed before the effective date of this Act is covered by the
95	95	law in effect when the offense was committed, and the former law is
96	96	continued in effect for that purpose. For purposes of this section,
97	97	an offense was committed before the effective date of this Act if
98	98	any element of the offense was committed before that date.
99	99	SECTION 4. This Act takes effect September 1, 2009.