Texas 2009 - 81st Regular

Texas Senate Bill SB82 Compare Versions

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1	1	S.B. No. 82
2	2
3	3
4	4	AN ACT
5	5	relating to a fee imposed as a condition of community supervision
6	6	for an offense involving family violence and to certain
7	7	nonsubstantive revisions involving court fees.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Subsection (h), Section 11, Article 42.12, Code
10	10	of Criminal Procedure, is amended to read as follows:
11	11	(h) If a judge grants community supervision to a person
12	12	convicted of an offense under Title 5, Penal Code, that the court
13	13	determines involves family violence, the judge shall [may] require
14	14	the person to pay [make one payment in an amount not to exceed] $100
15	15	to a family violence [shelter] center that receives state or
16	16	federal funds and that serves the county in which the court is
17	17	located. In this subsection, "family violence" has the meaning
18	18	assigned by Section 71.004, Family Code, and "family violence
19	19	[shelter] center" has the meaning assigned by Section 51.002, Human
20	20	Resources Code.
21	21	SECTION 2. (a) Section 103.021, Government Code, as
22	22	amended by Chapter 921 (H.B. 3167), Acts of the 80th Legislature,
23	23	Regular Session, 2007, is amended to conform to the amendments made
24	24	to Section 103.021, Government Code, by Chapter 1226 (H.B. 2385),
25	25	Acts of the 80th Legislature, Regular Session, 2007, and to conform
26	26	to Chapters 805 (S.B. 1083) and 910 (H.B. 2949), Acts of the 80th
27	27	Legislature, Regular Session, 2007, and is further amended to read
28	28	as follows:
29	29	Sec. 103.021. ADDITIONAL FEES AND COSTS IN CRIMINAL OR
30	30	CIVIL CASES: CODE OF CRIMINAL PROCEDURE. An accused or defendant,
31	31	or a party to a civil suit, as applicable, shall pay the following
32	32	fees and costs under the Code of Criminal Procedure if ordered by
33	33	the court or otherwise required:
34	34	(1) a personal bond fee (Art. 17.42, Code of Criminal
35	35	Procedure) . . . the greater of $20 or three percent of the amount
36	36	of the bail fixed for the accused;
37	37	(2) cost of electronic monitoring as a condition of
38	38	release on personal bond (Art. 17.43, Code of Criminal Procedure)
39	39	. . . actual cost;
40	40	(3) a fee for verification of and monitoring of motor
41	41	vehicle ignition interlock (Art. 17.441, Code of Criminal
42	42	Procedure) . . . not to exceed $10;
43	43	(4) repayment of reward paid by a crime stoppers
44	44	organization on conviction of a felony (Art. 37.073, Code of
45	45	Criminal Procedure) . . . amount ordered;
46	46	(5) reimbursement to general revenue fund for payments
47	47	made to victim of an offense as condition of community supervision
48	48	(Art. 42.12, Code of Criminal Procedure) . . . not to exceed $50 for
49	49	a misdemeanor offense or $100 for a felony offense;
50	50	(6) payment to a crime stoppers organization as
51	51	condition of community supervision (Art. 42.12, Code of Criminal
52	52	Procedure) . . . not to exceed $50;
53	53	(7) children's advocacy center fee (Art. 42.12, Code
54	54	of Criminal Procedure) . . . not to exceed $50;
55	55	(8) family violence [shelter] center fee (Art. 42.12,
56	56	Code of Criminal Procedure) . . . [not to exceed] $100;
57	57	(9) community supervision fee (Art. 42.12, Code of
58	58	Criminal Procedure) . . . not less than $25 or more than $60 per
59	59	month;
60	60	(10) additional community supervision fee for certain
61	61	offenses (Art. 42.12, Code of Criminal Procedure) . . . $5 per
62	62	month;
63	63	(11) for certain financially able sex offenders as a
64	64	condition of community supervision, the costs of treatment,
65	65	specialized supervision, or rehabilitation (Art. 42.12, Code of
66	66	Criminal Procedure) . . . all or part of the reasonable and
67	67	necessary costs of the treatment, supervision, or rehabilitation as
68	68	determined by the judge;
69	69	(12) fee for failure to appear for trial in a justice
70	70	or municipal court if a jury trial is not waived (Art. 45.026, Code
71	71	of Criminal Procedure) . . . costs incurred for impaneling the
72	72	jury;
73	73	(13) costs of certain testing, assessments, or
74	74	programs during a deferral period (Art. 45.051, Code of Criminal
75	75	Procedure) . . . amount ordered;
76	76	(14) special expense on dismissal of certain
77	77	misdemeanor complaints (Art. 45.051, Code of Criminal Procedure)
78	78	. . . not to exceed amount of fine assessed;
79	79	(15) an additional fee:
80	80	(A) for a copy of the defendant's driving record
81	81	to be requested from the Department of Public Safety by the judge
82	82	(Art. 45.0511(c-1), Code of Criminal Procedure) . . . amount equal
83	83	to the sum of the fee established by Section 521.048,
84	84	Transportation Code, and the TexasOnline fee [$10];
85	85	(B) as an administrative fee for requesting a
86	86	driving safety course or a course under the motorcycle operator
87	87	training and safety program for certain traffic offenses to cover
88	88	the cost of administering the article (Art. 45.0511(f)(1), Code of
89	89	Criminal Procedure) . . . not to exceed $10; or
90	90	(C) for requesting a driving safety course or a
91	91	course under the motorcycle operator training and safety program
92	92	before the final disposition of the case (Art. 45.0511(f)(2), Code
93	93	of Criminal Procedure) . . . not to exceed the maximum amount of the
94	94	fine for the offense committed by the defendant;
95	95	(16) a request fee for teen court program (Art.
96	96	45.052, Code of Criminal Procedure) . . . $20, if the court
97	97	ordering the fee is located in the Texas-Louisiana border region,
98	98	but otherwise not to exceed $10;
99	99	(17) a fee to cover costs of required duties of teen
100	100	court (Art. 45.052, Code of Criminal Procedure) . . . $20, if the
101	101	court ordering the fee is located in the Texas-Louisiana border
102	102	region, but otherwise $10;
103	103	(18) a mileage fee for officer performing certain
104	104	services (Art. 102.001, Code of Criminal Procedure) . . . $0.15 per
105	105	mile;
106	106	(19) certified mailing of notice of hearing date (Art.
107	107	102.006, Code of Criminal Procedure) . . . $1, plus postage;
108	108	(20) certified mailing of certified copies of an order
109	109	of expunction (Art. 102.006, Code of Criminal Procedure) . . . $2,
110	110	plus postage;
111	111	(20-a) a fee to defray the cost of notifying state
112	112	agencies of orders of expungement (Art. 45.0216, Code of Criminal
113	113	Procedure) . . . $30 per application;
114	114	(20-b) a fee to defray the cost of notifying state
115	115	agencies of orders of expunction (Art. 45.055, Code of Criminal
116	116	Procedure) . . . $30 per application;
117	117	(21) sight orders:
118	118	(A) if the face amount of the check or sight order
119	119	does not exceed $10 (Art. 102.007, Code of Criminal Procedure)
120	120	. . . not to exceed $10;
121	121	(B) if the face amount of the check or sight order
122	122	is greater than $10 but does not exceed $100 (Art. 102.007, Code of
123	123	Criminal Procedure) . . . not to exceed $15;
124	124	(C) if the face amount of the check or sight order
125	125	is greater than $100 but does not exceed $300 (Art. 102.007, Code of
126	126	Criminal Procedure) . . . not to exceed $30;
127	127	(D) if the face amount of the check or sight order
128	128	is greater than $300 but does not exceed $500 (Art. 102.007, Code of
129	129	Criminal Procedure) . . . not to exceed $50; and
130	130	(E) if the face amount of the check or sight order
131	131	is greater than $500 (Art. 102.007, Code of Criminal Procedure)
132	132	. . . not to exceed $75;
133	133	(22) fees for a pretrial intervention program:
134	134	(A) a supervision fee (Art. 102.012(a)
135	135	[102.012], Code of Criminal Procedure) . . . [not to exceed] $60 a
136	136	month plus expenses; and
137	137	(B) a district attorney, criminal district
138	138	attorney, or county attorney administrative fee (Art. 102.0121,
139	139	Code of Criminal Procedure) . . . not to exceed $500;
140	140	(23) parking fee violations for child safety fund in
141	141	municipalities with populations:
142	142	(A) greater than 850,000 (Art. 102.014, Code of
143	143	Criminal Procedure) . . . not less than $2 and not to exceed $5; and
144	144	(B) less than 850,000 (Art. 102.014, Code of
145	145	Criminal Procedure) . . . not to exceed $5;
146	146	(24) an administrative fee for collection of fines,
147	147	fees, restitution, or other costs (Art. 102.072, Code of Criminal
148	148	Procedure) . . . not to exceed $2 for each transaction; and
149	149	(25) a collection fee, if authorized by the
150	150	commissioners court of a county or the governing body of a
151	151	municipality, for certain debts and accounts receivable, including
152	152	unpaid fines, fees, court costs, forfeited bonds, and restitution
153	153	ordered paid (Art. 103.0031, Code of Criminal Procedure) . . . 30
154	154	percent of an amount more than 60 days past due.
155	155	(b) Section 103.021, Government Code, as amended by Chapter
156	156	1226 (H.B. 2385), Acts of the 80th Legislature, Regular Session,
157	157	2007, is repealed. Section 103.021, Government Code, as amended by
158	158	Chapter 921 (H.B. 3167), Acts of the 80th Legislature, Regular
159	159	Session, 2007, to reorganize and renumber that section, continues
160	160	in effect as further amended by this section.
161	161	SECTION 3. Subsection (h), Section 11, Article 42.12, Code
162	162	of Criminal Procedure, as amended by this Act, applies only to a
163	163	person granted community supervision for an offense committed on or
164	164	after the effective date of this Act. A person granted community
165	165	supervision for an offense committed before the effective date of
166	166	this Act is governed by the law in effect on the date the offense was
167	167	committed, and the former law is continued in effect for that
168	168	purpose.
169	169	SECTION 4. This Act takes effect September 1, 2009.
170	170	______________________________ ______________________________
171	171	President of the Senate Speaker of the House
172	172	I hereby certify that S.B. No. 82 passed the Senate on
173	173	April 2, 2009, by the following vote: Yeas 31, Nays 0.
174	174	______________________________
175	175	Secretary of the Senate
176	176	I hereby certify that S.B. No. 82 passed the House on
177	177	May 19, 2009, by the following vote: Yeas 145, Nays 0, one
178	178	present not voting.
179	179	______________________________
180	180	Chief Clerk of the House
181	181	Approved:
182	182	______________________________
183	183	Date
184	184	______________________________
185	185	Governor