Texas 2013 - 83rd Regular

Texas House Bill HB1552 Compare Versions

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1	1	83R6358 MEW-D
2	2	By: Rodriguez of Bexar H.B. No. 1552
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the authority of the commissioners court of a county to
8	8	create a law enforcement technology fund and to require certain
9	9	defendants to pay court costs for deposit in the fund; authorizing a
10	10	fee.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Subchapter A, Chapter 102, Code of Criminal
13	13	Procedure, is amended by adding Article 102.0175 to read as
14	14	follows:
15	15	Art. 102.0175. COURT COSTS; LAW ENFORCEMENT TECHNOLOGY
16	16	FUND. (a) The commissioners court of a county by order may create a
17	17	law enforcement technology fund.
18	18	(b) If a fund is created as described by Subsection (a), a
19	19	defendant convicted of a misdemeanor offense in a justice court or
20	20	county court at law shall pay a $2 law enforcement technology fee as
21	21	a cost of court.
22	22	(c) In this article, a person is considered convicted if:
23	23	(1) a sentence is imposed on the person;
24	24	(2) the person is placed on community supervision,
25	25	including deferred adjudication community supervision; or
26	26	(3) the court defers final disposition of the person's
27	27	case.
28	28	(d) The clerks of the courts described by Subsection (b)
29	29	shall collect the fee and pay the fee to the county treasurer, or to
30	30	any other official who discharges the duties commonly delegated to
31	31	the county treasurer, for deposit in the law enforcement technology
32	32	fund.
33	33	(e) A fund created under this article may be used only to
34	34	finance the purchase and maintenance of technological enhancements
35	35	for a county law enforcement agency and shall be administered by or
36	36	under the direction of the commissioners court of the county.
37	37	SECTION 2. Section 102.061, Government Code, is amended to
38	38	read as follows:
39	39	Sec. 102.061. ADDITIONAL COURT COSTS ON CONVICTION IN
40	40	STATUTORY COUNTY COURT: CODE OF CRIMINAL PROCEDURE. The clerk of
41	41	a statutory county court shall collect fees and costs under the Code
42	42	of Criminal Procedure on conviction of a defendant as follows:
43	43	(1) a jury fee (Art. 102.004, Code of Criminal
44	44	Procedure) . . . $20;
45	45	(2) a fee for services of the clerk of the court (Art.
46	46	102.005, Code of Criminal Procedure) . . . $40;
47	47	(3) a records management and preservation services fee
48	48	(Art. 102.005, Code of Criminal Procedure) . . . $25;
49	49	(4) a county and district court technology fee (Art.
50	50	102.0169, Code of Criminal Procedure) . . . $4;
51	51	(5) a security fee on a misdemeanor offense (Art.
52	52	102.017, Code of Criminal Procedure) . . . $3;
53	53	(6) a juvenile delinquency prevention and graffiti
54	54	eradication fee (Art. 102.0171, Code of Criminal Procedure) . . .
55	55	$50;
56	56	(7) a juvenile case manager fee (Art. 102.0174, Code
57	57	of Criminal Procedure) . . . not to exceed $5 if the court employs a
58	58	juvenile case manager; [and]
59	59	(8) a civil justice fee (Art. 102.022, Code of
60	60	Criminal Procedure) . . . $0.10; and
61	61	(9) a law enforcement technology fee, if authorized by
62	62	the county commissioners court (Art. 102.0175, Code of Criminal
63	63	Procedure) . . . $2.
64	64	SECTION 3. Section 102.101, Government Code, is amended to
65	65	read as follows:
66	66	Sec. 102.101. ADDITIONAL COURT COSTS ON CONVICTION IN
67	67	JUSTICE COURT: CODE OF CRIMINAL PROCEDURE. A clerk of a justice
68	68	court shall collect fees and costs under the Code of Criminal
69	69	Procedure on conviction of a defendant as follows:
70	70	(1) a jury fee (Art. 102.004, Code of Criminal
71	71	Procedure) . . . $3;
72	72	(2) a fee for withdrawing request for jury less than 24
73	73	hours before time of trial (Art. 102.004, Code of Criminal
74	74	Procedure) . . . $3;
75	75	(3) a jury fee for two or more defendants tried jointly
76	76	(Art. 102.004, Code of Criminal Procedure) . . . one jury fee of $3;
77	77	(4) a security fee on a misdemeanor offense (Art.
78	78	102.017, Code of Criminal Procedure) . . . $4;
79	79	(5) a fee for technology fund on a misdemeanor offense
80	80	(Art. 102.0173, Code of Criminal Procedure) . . . $4;
81	81	(6) a juvenile case manager fee (Art. 102.0174, Code
82	82	of Criminal Procedure) . . . not to exceed $5 if the court employs a
83	83	juvenile case manager;
84	84	(7) a fee on conviction of certain offenses involving
85	85	issuing or passing a subsequently dishonored check (Art. 102.0071,
86	86	Code of Criminal Procedure) . . . not to exceed $30;
87	87	(8) a court cost on conviction of a Class C misdemeanor
88	88	in a county with a population of 3.3 million or more, if authorized
89	89	by the county commissioners court (Art. 102.009, Code of Criminal
90	90	Procedure) . . . not to exceed $7; [and]
91	91	(9) a civil justice fee (Art. 102.022, Code of
92	92	Criminal Procedure) . . . $0.10; and
93	93	(10) a law enforcement technology fee, if authorized
94	94	by the county commissioners court (Art. 102.0175, Code of Criminal
95	95	Procedure) . . . $2.
96	96	SECTION 4. This Act takes effect immediately if it receives
97	97	a vote of two-thirds of all the members elected to each house, as
98	98	provided by Section 39, Article III, Texas Constitution. If this
99	99	Act does not receive the vote necessary for immediate effect, this
100	100	Act takes effect September 1, 2013.