| 1 | 1 | | By: Hinojosa S.R. No. 1085 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | SENATE RESOLUTION |
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| 5 | 5 | | BE IT RESOLVED by the Senate of the State of Texas, 81st |
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| 6 | 6 | | Legislature, Regular Session, 2009, That the Senate Rule 12.03 be |
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| 7 | 7 | | suspended in part as provided by Senate Rule 12.08 to enable the |
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| 8 | 8 | | conference committee appointed to resolve the differences on |
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| 9 | 9 | | House Bill No. 1506 (the imposition of conditions on certain |
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| 10 | 10 | | defendants charged with an offense involving family violence) to |
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| 11 | 11 | | consider and take action on the following matter: |
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| 12 | 12 | | Senate Rules 12.03(2), (3), and (4) are suspended to |
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| 13 | 13 | | permit the committee to omit Subsection (h), Article 17.49, Code |
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| 14 | 14 | | of Criminal Procedure, as added by the senate and house versions |
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| 15 | 15 | | of the bill, and to add new Subsections (h) and (i), Article |
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| 16 | 16 | | 17.49, Code of Criminal Procedure, to read as follows: |
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| 17 | 17 | | (h) If the magistrate determines that a defendant is |
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| 18 | 18 | | indigent, the magistrate may, based on a sliding scale |
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| 19 | 19 | | established by local rule, require the defendant to pay costs |
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| 20 | 20 | | under Subsection (b)(2) or (3) in an amount that is less than the |
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| 21 | 21 | | full amount of the costs associated with operating the global |
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| 22 | 22 | | positioning monitoring system in relation to the defendant or |
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| 23 | 23 | | providing the victim with an electronic receptor device. |
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| 24 | 24 | | (i) If an indigent defendant pays to an entity that |
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| 25 | 25 | | operates a global positioning monitoring system the partial |
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| 26 | 26 | | amount ordered by a magistrate under Subsection (h), the entity |
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| 27 | 27 | | shall accept the partial amount as payment in full. The county in |
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| 28 | 28 | | which the magistrate who enters an order under Subsection (h) is |
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| 29 | 29 | | located is not responsible for payment of any costs associated |
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| 30 | 30 | | with operating the global positioning monitoring system in |
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| 31 | 31 | | relation to an indigent defendant. |
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| 32 | 32 | | Explanation: This change is necessary to remove a |
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| 33 | 33 | | provision allowing an indigent defendant to perform community |
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| 34 | 34 | | supervision in lieu of paying certain costs and to add provisions |
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| 35 | 35 | | to allow a magistrate, without obligating the county to pay any |
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| 36 | 36 | | of the costs, to require an indigent defendant to pay less than |
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| 37 | 37 | | the full costs associated with operating a global positioning |
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| 38 | 38 | | monitoring system in relation to the defendant or with providing |
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| 39 | 39 | | an electronic receptor device to the victim of the offense |
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| 40 | 40 | | committed by the defendant. |
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| 41 | 41 | | ________________________________ |
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| 42 | 42 | | President of the Senate |
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| 43 | 43 | | I hereby certify that the |
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| 44 | 44 | | above Resolution was adopted by |
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| 45 | 45 | | the Senate on May 31, 2009. |
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| 46 | 46 | | ________________________________ |
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| 47 | 47 | | Secretary of the Senate |
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