Texas 2011 - 82nd Regular

Texas Senate Bill SB879 Compare Versions

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1	1	By: Whitmire S.B. No. 879
2	2	(In the Senate - Filed February 23, 2011; March 1, 2011,
3	3	read first time and referred to Committee on Criminal Justice;
4	4	April 14, 2011, reported favorably by the following vote: Yeas 7,
5	5	Nays 0; April 14, 2011, sent to printer.)
6	6
7	7
8	8	A BILL TO BE ENTITLED
9	9	AN ACT
10	10	relating to a local community supervision and corrections
11	11	department monitoring certain conditions of bond and the
12	12	administrative fees associated with certain department services.
13	13	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	14	SECTION 1. Article 17.441, Code of Criminal Procedure, is
15	15	amended by adding Subsection (e) to read as follows:
16	16	(e) If a magistrate designates the community supervision
17	17	and corrections department serving the county in which the
18	18	defendant lives as the designated agency to verify installation of
19	19	the device and to monitor the device under Subsection (d), the
20	20	magistrate may require the defendant to pay a monthly
21	21	administrative fee under Section 76.015, Government Code, in lieu
22	22	of the fee otherwise required by Subsection (d). The defendant
23	23	shall pay the initial fee under Section 76.015, Government Code, at
24	24	the time the community supervision and corrections department
25	25	verifies the installation of the device.
26	26	SECTION 2. Subsection (c), Section 76.015, Government Code,
27	27	is amended to read as follows:
28	28	(c) A department may assess a reasonable administrative fee
29	29	of not less than $25 and not more than $60 [$40] per month on an
30	30	individual who participates in a department program or receives
31	31	department services and who is not paying a monthly fee under
32	32	Section 19, Article 42.12, Code of Criminal Procedure.
33	33	SECTION 3. Section 103.0211, Government Code, is amended to
34	34	read as follows:
35	35	Sec. 103.0211. ADDITIONAL FEES AND COSTS IN CRIMINAL OR
36	36	CIVIL CASES: GOVERNMENT CODE. An accused or defendant, or a party
37	37	to a civil suit, as applicable, shall pay the following fees and
38	38	costs under the Government Code if ordered by the court or otherwise
39	39	required:
40	40	(1) a court reporter fee when testimony is taken:
41	41	(A) in a criminal court in Dallas County (Sec.
42	42	25.0593, Government Code) . . . $3;
43	43	(B) in a county criminal court of appeals in
44	44	Dallas County (Sec. 25.0594, Government Code) . . . $3;
45	45	(C) in a county court at law in McLennan County
46	46	(Sec. 25.1572, Government Code) . . . $3; and
47	47	(D) in a county criminal court in Tarrant County
48	48	(Sec. 25.2223, Government Code) . . . $3;
49	49	(2) a court reporter service fee if the courts have
50	50	official court reporters (Sec. 51.601, Government Code) . . . $15
51	51	or, in specified counties, $30;
52	52	(3) a speedy trial filing fee in El Paso County (Sec.
53	53	54.745, Government Code) . . . $100;
54	54	(4) costs for use of magistrate in Brazos County (Sec.
55	55	54.1116, Government Code) . . . not to exceed $50;
56	56	(5) the costs of a criminal magistrate if the court
57	57	determines that the nonprevailing party is able to defray the
58	58	costs:
59	59	(A) in Bexar County (Sec. 54.913, Government
60	60	Code) . . . magistrate's fees;
61	61	(B) in Dallas County (Sec. 54.313, Government
62	62	Code) . . . magistrate's fees;
63	63	(C) in Lubbock County (Sec. 54.883, Government
64	64	Code) . . . magistrate's fees;
65	65	(D) in Tarrant County (Sec. 54.663, Government
66	66	Code) . . . magistrate's fees;
67	67	(E) in Travis County (Sec. 54.983, Government
68	68	Code) . . . magistrate's fees; and
69	69	(F) in Williamson County (Sec. 54.958,
70	70	Government Code) . . . expense of the magistrate;
71	71	(6) an administrative fee for participation in certain
72	72	community supervision programs (Sec. 76.015, Government Code)
73	73	. . . not less than $25 and not more than $60 [$40] per month; and
74	74	(7) fee paid on filing a petition for an order of
75	75	nondisclosure of criminal history record information in certain
76	76	cases (Sec. 411.081, Government Code) . . . $28.
77	77	SECTION 4. The changes in law made by this Act apply only to
78	78	a defendant charged with an offense committed on or after the
79	79	effective date of this Act. A defendant charged with an offense
80	80	committed before the effective date of this Act is governed by the
81	81	law in effect on the date the offense was committed, and the former
82	82	law is continued in effect for that purpose. For purposes of this
83	83	section, an offense was committed before the effective date of this
84	84	Act if any element of the offense occurred before that date.
85	85	SECTION 5. This Act takes effect September 1, 2011.
86	86	* * * * *