By: Whitmire S.B. No. 880
(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 the operation of pretrial intervention and certain
other programs by a community supervision and corrections
department.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 76.011, Government Code, is amended to
read as follows:
Sec. 76.011. OPERATION OF CERTAIN [PRETRIAL] SERVICES AND
PROGRAMS. (a) The department may operate programs for:
(1) the supervision and rehabilitation of persons in
pretrial intervention programs;
(2) the supervision of persons released on bail under:
(A) Chapter 11, Code of Criminal Procedure;
(B) Chapter 17, Code of Criminal Procedure;
(C) Article 44.04, Code of Criminal Procedure; or
(D) any other law;
(3) the supervision of a person subject to, or the
verification of compliance with, a court order issued under:
(A) Article 17.441, Code of Criminal Procedure,
requiring a person to install a deep-lung breath analysis mechanism
on each vehicle owned or operated by the person;
(B) Chapter 469, Health and Safety Code, issuing
an occupational driver's license;
(C) Section 49.09(h), Penal Code, requiring a
person to install a deep-lung breath analysis mechanism on each
vehicle owned or operated by the person; or
(D) Subchapter L, Chapter 521, Transportation
Code, granting a person an occupational driver's license; and
(4) the supervision of a person not otherwise
described by Subdivision (1), (2), or (3), if a court orders the
person to submit to the supervision of, or to receive services from,
the department.
(b) Except as otherwise provided by this subsection,
programs operated by the department under Subsection (a) [Programs]
may include reasonable conditions related to the purpose of the
program, including testing for controlled substances. If this
subsection conflicts with a more specific provision of another law,
the other law prevails.
(c) A person in a pretrial intervention program operated by
the department under Subsection (a) may be supervised for a period
not to exceed two years.
(d) [(b)] The department may use money deposited in the
special fund of the county treasury for the department under
Article 103.004(d) [103.004(b)], Code of Criminal Procedure, only
for the same purposes for which state aid may be used under this
chapter.
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 operated by
the department or receives [department] services from the
department 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. (a) Subsection (c), Section 76.015, Government
Code, as amended by this Act, applies to a person who participates
in a program operated by, or receives services from, a community
supervision and corrections department in any month the first day
of which occurs on or after the effective date of this Act,
regardless of when the person first participated in a program
operated by, or received services from, a community supervision and
corrections department.
(b) Subsection (c), Section 51.607, Government Code, does
not apply to the change in the amount of a fee imposed under
Subsection (c), Section 76.015, Government Code, as amended by this
Act.
SECTION 5. This Act takes effect September 1, 2011.
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