By: Whitmire S.B. No. 879
(In the Senate - Filed February 23, 2011; March 1, 2011,
read first time and referred to Committee on Criminal Justice;
April 14, 2011, reported favorably by the following vote: Yeas 7,
Nays 0; April 14, 2011, sent to printer.)
A BILL TO BE ENTITLED
AN ACT
relating to a local community supervision and corrections
department monitoring certain conditions of bond and the
administrative fees associated with certain department services.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 17.441, Code of Criminal Procedure, is
amended by adding Subsection (e) to read as follows:
(e) If a magistrate designates the community supervision
and corrections department serving the county in which the
defendant lives as the designated agency to verify installation of
the device and to monitor the device under Subsection (d), the
magistrate may require the defendant to pay a monthly
administrative fee under Section 76.015, Government Code, in lieu
of the fee otherwise required by Subsection (d). The defendant
shall pay the initial fee under Section 76.015, Government Code, at
the time the community supervision and corrections department
verifies the installation of the device.
SECTION 2. Subsection (c), Section 76.015, Government Code,
is amended to read as follows:
(c) A department may assess a reasonable administrative fee
of not less than $25 and not more than $60 [$40] per month on an
individual who participates in a department program or receives
department services and who is not paying a monthly fee under
Section 19, Article 42.12, Code of Criminal Procedure.
SECTION 3. Section 103.0211, Government Code, is amended to
read as follows:
Sec. 103.0211. ADDITIONAL FEES AND COSTS IN CRIMINAL OR
CIVIL CASES: GOVERNMENT CODE. An accused or defendant, or a party
to a civil suit, as applicable, shall pay the following fees and
costs under the Government Code if ordered by the court or otherwise
required:
(1) a court reporter fee when testimony is taken:
(A) in a criminal court in Dallas County (Sec.
25.0593, Government Code) . . . $3;
(B) in a county criminal court of appeals in
Dallas County (Sec. 25.0594, Government Code) . . . $3;
(C) in a county court at law in McLennan County
(Sec. 25.1572, Government Code) . . . $3; and
(D) in a county criminal court in Tarrant County
(Sec. 25.2223, Government Code) . . . $3;
(2) a court reporter service fee if the courts have
official court reporters (Sec. 51.601, Government Code) . . . $15
or, in specified counties, $30;
(3) a speedy trial filing fee in El Paso County (Sec.
54.745, Government Code) . . . $100;
(4) costs for use of magistrate in Brazos County (Sec.
54.1116, Government Code) . . . not to exceed $50;
(5) the costs of a criminal magistrate if the court
determines that the nonprevailing party is able to defray the
costs:
(A) in Bexar County (Sec. 54.913, Government
Code) . . . magistrate's fees;
(B) in Dallas County (Sec. 54.313, Government
Code) . . . magistrate's fees;
(C) in Lubbock County (Sec. 54.883, Government
Code) . . . magistrate's fees;
(D) in Tarrant County (Sec. 54.663, Government
Code) . . . magistrate's fees;
(E) in Travis County (Sec. 54.983, Government
Code) . . . magistrate's fees; and
(F) in Williamson County (Sec. 54.958,
Government Code) . . . expense of the magistrate;
(6) an administrative fee for participation in certain
community supervision programs (Sec. 76.015, Government Code)
. . . not less than $25 and not more than $60 [$40] per month; and
(7) fee paid on filing a petition for an order of
nondisclosure of criminal history record information in certain
cases (Sec. 411.081, Government Code) . . . $28.
SECTION 4. The changes in law made by this Act apply only to
a defendant charged with an offense committed on or after the
effective date of this Act. A defendant charged with an offense
committed before the effective date of this Act is governed by the
law in effect on the date the offense was committed, and the former
law is continued in effect for that purpose. For purposes of this
section, an offense was committed before the effective date of this
Act if any element of the offense occurred before that date.
SECTION 5. This Act takes effect September 1, 2011.
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