By: Hinojosa S.R. No. 1085
SENATE RESOLUTION
BE IT RESOLVED by the Senate of the State of Texas, 81st
Legislature, Regular Session, 2009, That the Senate Rule 12.03 be
suspended in part as provided by Senate Rule 12.08 to enable the
conference committee appointed to resolve the differences on
House Bill No. 1506 (the imposition of conditions on certain
defendants charged with an offense involving family violence) to
consider and take action on the following matter:
Senate Rules 12.03(2), (3), and (4) are suspended to
permit the committee to omit Subsection (h), Article 17.49, Code
of Criminal Procedure, as added by the senate and house versions
of the bill, and to add new Subsections (h) and (i), Article
17.49, Code of Criminal Procedure, to read as follows:
(h) If the magistrate determines that a defendant is
indigent, the magistrate may, based on a sliding scale
established by local rule, require the defendant to pay costs
under Subsection (b)(2) or (3) in an amount that is less than the
full amount of the costs associated with operating the global
positioning monitoring system in relation to the defendant or
providing the victim with an electronic receptor device.
(i) If an indigent defendant pays to an entity that
operates a global positioning monitoring system the partial
amount ordered by a magistrate under Subsection (h), the entity
shall accept the partial amount as payment in full. The county in
which the magistrate who enters an order under Subsection (h) is
located is not responsible for payment of any costs associated
with operating the global positioning monitoring system in
relation to an indigent defendant.
Explanation: This change is necessary to remove a
provision allowing an indigent defendant to perform community
supervision in lieu of paying certain costs and to add provisions
to allow a magistrate, without obligating the county to pay any
of the costs, to require an indigent defendant to pay less than
the full costs associated with operating a global positioning
monitoring system in relation to the defendant or with providing
an electronic receptor device to the victim of the offense
committed by the defendant.
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President of the Senate
I hereby certify that the
above Resolution was adopted by
the Senate on May 31, 2009.
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Secretary of the Senate