Texas 2011 - 82nd Regular

Texas Senate Bill SB880 Compare Versions

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1	1	By: Whitmire S.B. No. 880
2	2	(Madden)
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the operation of pretrial intervention and certain
8	8	other programs by a community supervision and corrections
9	9	department.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 76.011, Government Code, is amended to
12	12	read as follows:
13	13	Sec. 76.011. OPERATION OF CERTAIN [PRETRIAL] SERVICES AND
14	14	PROGRAMS. (a) The department may operate programs for:
15	15	(1) the supervision and rehabilitation of persons in
16	16	pretrial intervention programs;
17	17	(2) the supervision of persons released on bail under:
18	18	(A) Chapter 11, Code of Criminal Procedure;
19	19	(B) Chapter 17, Code of Criminal Procedure;
20	20	(C) Article 44.04, Code of Criminal Procedure; or
21	21	(D) any other law;
22	22	(3) the supervision of a person subject to, or the
23	23	verification of compliance with, a court order issued under:
24	24	(A) Article 17.441, Code of Criminal Procedure,
25	25	requiring a person to install a deep-lung breath analysis mechanism
26	26	on each vehicle owned or operated by the person;
27	27	(B) Chapter 469, Health and Safety Code, issuing
28	28	an occupational driver's license;
29	29	(C) Section 49.09(h), Penal Code, requiring a
30	30	person to install a deep-lung breath analysis mechanism on each
31	31	vehicle owned or operated by the person; or
32	32	(D) Subchapter L, Chapter 521, Transportation
33	33	Code, granting a person an occupational driver's license; and
34	34	(4) the supervision of a person not otherwise
35	35	described by Subdivision (1), (2), or (3), if a court orders the
36	36	person to submit to the supervision of, or to receive services from,
37	37	the department.
38	38	(b) Except as otherwise provided by this subsection,
39	39	programs operated by the department under Subsection (a) [Programs]
40	40	may include reasonable conditions related to the purpose of the
41	41	program, including testing for controlled substances. If this
42	42	subsection conflicts with a more specific provision of another law,
43	43	the other law prevails.
44	44	(c) A person in a pretrial intervention program operated by
45	45	the department under Subsection (a) may be supervised for a period
46	46	not to exceed two years.
47	47	(d) [(b)] The department may use money deposited in the
48	48	special fund of the county treasury for the department under
49	49	Article 103.004(d) [103.004(b)], Code of Criminal Procedure, only
50	50	for the same purposes for which state aid may be used under this
51	51	chapter.
52	52	SECTION 2. Subsection (c), Section 76.015, Government Code,
53	53	is amended to read as follows:
54	54	(c) A department may assess a reasonable administrative fee
55	55	of not less than $25 and not more than $60 [$40] per month on an
56	56	individual who participates in a [department] program operated by
57	57	the department or receives [department] services from the
58	58	department and who is not paying a monthly fee under Section 19,
59	59	Article 42.12, Code of Criminal Procedure.
60	60	SECTION 3. Section 103.0211, Government Code, is amended to
61	61	read as follows:
62	62	Sec. 103.0211. ADDITIONAL FEES AND COSTS IN CRIMINAL OR
63	63	CIVIL CASES: GOVERNMENT CODE. An accused or defendant, or a party
64	64	to a civil suit, as applicable, shall pay the following fees and
65	65	costs under the Government Code if ordered by the court or otherwise
66	66	required:
67	67	(1) a court reporter fee when testimony is taken:
68	68	(A) in a criminal court in Dallas County (Sec.
69	69	25.0593, Government Code) . . . $3;
70	70	(B) in a county criminal court of appeals in
71	71	Dallas County (Sec. 25.0594, Government Code) . . . $3;
72	72	(C) in a county court at law in McLennan County
73	73	(Sec. 25.1572, Government Code) . . . $3; and
74	74	(D) in a county criminal court in Tarrant County
75	75	(Sec. 25.2223, Government Code) . . . $3;
76	76	(2) a court reporter service fee if the courts have
77	77	official court reporters (Sec. 51.601, Government Code) . . . $15
78	78	or, in specified counties, $30;
79	79	(3) a speedy trial filing fee in El Paso County (Sec.
80	80	54.745, Government Code) . . . $100;
81	81	(4) costs for use of magistrate in Brazos County (Sec.
82	82	54.1116, Government Code) . . . not to exceed $50;
83	83	(5) the costs of a criminal magistrate if the court
84	84	determines that the nonprevailing party is able to defray the
85	85	costs:
86	86	(A) in Bexar County (Sec. 54.913, Government
87	87	Code) . . . magistrate's fees;
88	88	(B) in Dallas County (Sec. 54.313, Government
89	89	Code) . . . magistrate's fees;
90	90	(C) in Lubbock County (Sec. 54.883, Government
91	91	Code) . . . magistrate's fees;
92	92	(D) in Tarrant County (Sec. 54.663, Government
93	93	Code) . . . magistrate's fees;
94	94	(E) in Travis County (Sec. 54.983, Government
95	95	Code) . . . magistrate's fees; and
96	96	(F) in Williamson County (Sec. 54.958,
97	97	Government Code) . . . expense of the magistrate;
98	98	(6) an administrative fee for participation in certain
99	99	community supervision programs (Sec. 76.015, Government Code) . . .
100	100	not less than $25 and not more than $60 [$40] per month; and
101	101	(7) fee paid on filing a petition for an order of
102	102	nondisclosure of criminal history record information in certain
103	103	cases (Sec. 411.081, Government Code) . . . $28.
104	104	SECTION 4. (a) Subsection (c), Section 76.015, Government
105	105	Code, as amended by this Act, applies to a person who participates
106	106	in a program operated by, or receives services from, a community
107	107	supervision and corrections department in any month the first day
108	108	of which occurs on or after the effective date of this Act,
109	109	regardless of when the person first participated in a program
110	110	operated by, or received services from, a community supervision and
111	111	corrections department.
112	112	(b) Subsection (c), Section 51.607, Government Code, does
113	113	not apply to the change in the amount of a fee imposed under
114	114	Subsection (c), Section 76.015, Government Code, as amended by this
115	115	Act.
116	116	SECTION 5. This Act takes effect September 1, 2011.