82R1989 AJZ-D
By: Nelson S.B. No. 968
A BILL TO BE ENTITLED
AN ACT
relating to certain costs used to fund court-appointed volunteer
advocate programs.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 42.015, Code of Criminal Procedure, is
amended to read as follows:
Art. 42.015. FINDING OF AGE OF VICTIM. In the trial of an
offense under the [Section 20.02, 20.03, or 20.04,] Penal Code, [or
an attempt, conspiracy, or solicitation to commit one of those
offenses,] the judge shall make an affirmative finding of fact and
enter the affirmative finding in the judgment in the case if the
judge determines that the victim or intended victim was younger
than 17 years of age at the time of the offense.
SECTION 2. Subchapter A, Chapter 102, Code of Criminal
Procedure, is amended by adding Article 102.0175 to read as
follows:
Art. 102.0175. COURT COSTS; COURT-APPOINTED VOLUNTEER
ADVOCATE PROGRAMS. (a) In addition to other costs on conviction
imposed by this chapter, on conviction of an offense for which the
judgment contains an affirmative finding under Article 42.015, a
person shall pay:
(1) $50 for a misdemeanor offense; and
(2) $100 for a felony offense.
(b) For purposes of this article, a person is considered to
have been convicted if:
(1) a sentence is imposed;
(2) the defendant receives community supervision or
deferred adjudication; or
(3) the court defers final disposition of the case.
(c) Court costs under this article are collected in the same
manner as other fines or costs. An officer collecting the costs
shall keep separate records of the funds collected as costs under
this article and shall deposit the funds in the county or municipal
treasury, as appropriate.
(d) The custodian of a county or municipal treasury shall:
(1) keep records of the amount of funds on deposit
collected under this article; and
(2) except as provided by Subsection (e), send to the
comptroller before the last day of the first month following each
calendar quarter the funds collected under this article during the
preceding quarter.
(e) If the custodian of the county or municipal treasury
complies with Subsection (d), a county or municipality is entitled
to retain as a collection fee 10 percent of the amount of funds
collected under this article by an officer of the county or
municipality.
(f) If no funds due as costs under this article are
deposited in a county or municipal treasury in a calendar quarter,
the custodian of the treasury shall file the report required for the
quarter in the regular manner and must state that no funds were
collected.
(g) The comptroller shall deposit the funds received under
this article to the credit of a special account in the general
revenue fund to help fund the statewide organization described by
Section 264.603, Family Code. The legislature may appropriate
money from the account only to the attorney general's office for
distribution to that organization. The attorney general's office
shall ensure that money distributed under this subsection is used
for a public purpose.
(h) Funds collected under this article are subject to audit
by the comptroller.
SECTION 3. Subchapter B, Chapter 102, Government Code, is
amended by adding Sections 102.0215 and 102.0216 to read as
follows:
Sec. 102.0215. ADDITIONAL COURT COSTS ON CONVICTION: CODE
OF CRIMINAL PROCEDURE. A person convicted of a misdemeanor offense
for which the judgment contains an affirmative finding under
Article 42.015, Code of Criminal Procedure, shall pay a cost on
conviction, in addition to all other costs, to help fund the
statewide organization described by Section 264.603, Family Code
. . . $50.
Sec. 102.0216. ADDITIONAL COURT COSTS ON CONVICTION: CODE
OF CRIMINAL PROCEDURE. A person convicted of a felony offense for
which the judgment contains an affirmative finding under Article
42.015, Code of Criminal Procedure, shall pay a cost on conviction,
in addition to all other costs, to help fund the statewide
organization described by Section 264.603, Family Code . . . $100.
SECTION 4. This Act takes effect September 1, 2011.