Texas 2013 - 83rd Regular

Texas House Bill HB1713 Compare Versions

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1	1	83R23367 MAW-D
2	2	By: Lozano, King of Zavala H.B. No. 1713
3	3	Substitute the following for H.B. No. 1713:
4	4	By: Herrero C.S.H.B. No. 1713
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to reimbursing property owners in certain counties for
10	10	damages caused by certain criminal activities; authorizing a fee.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Article 18.17, Code of Criminal Procedure, is
13	13	amended by adding Subsection (k) to read as follows:
14	14	(k)(1) This subsection applies to any property described by
15	15	Subsection (a) that is seized by a peace officer during the
16	16	investigation of an offense under Section 20.05 or 38.04, Penal
17	17	Code, or any offense under Chapter 20A, Penal Code, alleged to have
18	18	occurred in a county with a population of:
19	19	(A) 40,000 or more but less than 41,000;
20	20	(B) 32,000 or more but less than 32,300;
21	21	(C) 31,000 or more but less than 32,000;
22	22	(D) 22,000 or more but less than 22,150;
23	23	(E) 11,000 or more but less than 11,600;
24	24	(F) 650 or more but less than 800;
25	25	(G) 300 or more but less than 600; or
26	26	(H) less than 8,000 and that is adjacent to a
27	27	county described by Paragraph (G).
28	28	(2) Notwithstanding any other provision of this
29	29	article, the sale proceeds of property described by Subdivision (1)
30	30	shall be deposited, after deducting the reasonable expense of
31	31	keeping and disposing of the property, in a fund in the treasury of
32	32	the county in which the offense occurred.
33	33	(3) A county to which this subsection applies may use
34	34	money in the fund only to reimburse a property owner in the county
35	35	for all or any portion of damages to a gate or fence located on
36	36	property owned by the person if:
37	37	(A) the property is located in the county; and
38	38	(B) the damage was the result of the commission
39	39	of an offense listed in Subdivision (1).
40	40	(4) A county to which this subsection applies may
41	41	require a property owner to submit an application and provide
42	42	information requested by the county in order to be eligible for
43	43	reimbursement under this subsection.
44	44	SECTION 2. Article 18.18, Code of Criminal Procedure, is
45	45	amended by amending Subsections (f) and (g) and adding Subsection
46	46	(f-1) to read as follows:
47	47	(f) If a person timely appears to show cause why the
48	48	property or proceeds should not be destroyed or forfeited, the
49	49	magistrate shall conduct a hearing on the issue and determine the
50	50	nature of property or proceeds and the person's interest
51	51	therein. Unless the person proves by a preponderance of the
52	52	evidence that the property or proceeds is not gambling equipment,
53	53	altered gambling equipment, gambling paraphernalia, gambling
54	54	device, gambling proceeds, prohibited weapon, obscene device or
55	55	material, child pornography, criminal instrument, scanning device
56	56	or re-encoder, or dog-fighting equipment and that the person [he]
57	57	is entitled to possession, the magistrate shall dispose of the
58	58	property or proceeds in accordance with Subsection [Paragraph] (a)
59	59	or, if applicable, Subsection (f-1) [of this article].
60	60	(f-1)(1) This subsection applies only to a county with a
61	61	population of:
62	62	(A) 40,000 or more but less than 41,000;
63	63	(B) 32,000 or more but less than 32,300;
64	64	(C) 31,000 or more but less than 32,000;
65	65	(D) 22,000 or more but less than 22,150;
66	66	(E) 11,000 or more but less than 11,600;
67	67	(F) 650 or more but less than 800;
68	68	(G) 300 or more but less than 600; or
69	69	(H) less than 8,000 and that is adjacent to a
70	70	county described by Paragraph (G).
71	71	(2) If the property is used in an offense under Section
72	72	20.05 or 38.04, Penal Code, or any offense under Chapter 20A, Penal
73	73	Code, and the property is a motor vehicle, the magistrate shall
74	74	order the property be delivered to the purchasing agent of the
75	75	county in which the offense occurred, or the sheriff of the county
76	76	if the county has no purchasing agent. The county purchasing agent
77	77	or sheriff shall sell the property and deposit the sale proceeds,
78	78	after deducting the reasonable expense of keeping and disposing of
79	79	the property, in a fund in the treasury of the county in which the
80	80	offense occurred. When offering the property for sale, if the
81	81	purchasing agent or sheriff considers any bid to be insufficient,
82	82	the agent or sheriff may decline the bid and reoffer the property
83	83	for sale.
84	84	(3) Any proceeds or money seized under this article
85	85	shall be deposited in a fund described by Subdivision (2) in the
86	86	county in which the offense occurred.
87	87	(4) A county may use money in the fund described by
88	88	Subdivision (2) only to reimburse a property owner in the county for
89	89	all or any portion of damages to a gate or fence located on property
90	90	owned by the person if:
91	91	(A) the property is located in the county; and
92	92	(B) the damage was the result of an offense under
93	93	Section 20.05 or 38.04, Penal Code, or any offense under Chapter
94	94	20A, Penal Code.
95	95	(5) A county may require a property owner to submit an
96	96	application and provide information requested by the county in
97	97	order to be eligible for reimbursement under Subdivision (4).
98	98	(g) For purposes of this article:
99	99	(1) "criminal instrument" has the meaning defined in
100	100	the Penal Code;
101	101	(2) "gambling device or equipment, altered gambling
102	102	equipment or gambling paraphernalia" has the meaning defined in the
103	103	Penal Code;
104	104	(3) "prohibited weapon" has the meaning defined in the
105	105	Penal Code;
106	106	(4) "dog-fighting equipment" means:
107	107	(A) equipment used for training or handling a
108	108	fighting dog, including a harness, treadmill, cage, decoy, pen,
109	109	house for keeping a fighting dog, feeding apparatus, or training
110	110	pen;
111	111	(B) equipment used for transporting a fighting
112	112	dog, including any automobile, or other vehicle, and its
113	113	appurtenances which are intended to be used as a vehicle for
114	114	transporting a fighting dog;
115	115	(C) equipment used to promote or advertise an
116	116	exhibition of dog fighting, including a printing press or similar
117	117	equipment, paper, ink, or photography equipment; or
118	118	(D) a dog trained, being trained, or intended to
119	119	be used to fight with another dog;
120	120	(5) "obscene device" and "obscene" have the meanings
121	121	assigned by Section 43.21, Penal Code;
122	122	(6) "re-encoder" has the meaning assigned by Section
123	123	522.001, Business & Commerce Code;
124	124	(7) "scanning device" has the meaning assigned by
125	125	Section 522.001, Business & Commerce Code; [and]
126	126	(8) "obscene material" and "child pornography"
127	127	include digital images and the media and equipment on which those
128	128	images are stored; and
129	129	(9) "motor vehicle" has the meaning assigned by
130	130	Section 501.002, Transportation Code.
131	131	SECTION 3. Section 19, Article 42.12, Code of Criminal
132	132	Procedure, is amended by adding Subsection (h) to read as follows:
133	133	(h)(1) This subsection applies only to a county with a
134	134	population of:
135	135	(A) 40,000 or more but less than 41,000;
136	136	(B) 32,000 or more but less than 32,300;
137	137	(C) 31,000 or more but less than 32,000;
138	138	(D) 22,000 or more but less than 22,150;
139	139	(E) 11,000 or more but less than 11,600;
140	140	(F) 650 or more but less than 800;
141	141	(G) 300 or more but less than 600; or
142	142	(H) less than 8,000 and that is adjacent to a
143	143	county described by Paragraph (G).
144	144	(2) If a judge grants community supervision to a
145	145	defendant convicted of an offense under Section 20.05 or 38.04,
146	146	Penal Code, or any offense under Chapter 20A, Penal Code, that
147	147	occurred in a county to which this subsection applies, the judge may
148	148	require the defendant to pay a fee of $15. The judge shall deposit
149	149	any fee received under this subsection in the fund described by
150	150	Article 18.17(k) in the treasury of the county in which the offense
151	151	occurred, to be used as provided by that article.
152	152	SECTION 4. Section 102.021, Government Code, is amended to
153	153	read as follows:
154	154	Sec. 102.021. COURT COSTS ON CONVICTION: CODE OF CRIMINAL
155	155	PROCEDURE. A person convicted of an offense shall pay the
156	156	following under the Code of Criminal Procedure, in addition to all
157	157	other costs:
158	158	(1) court cost on conviction of any offense, other
159	159	than a conviction of an offense relating to a pedestrian or the
160	160	parking of a motor vehicle (Art. 102.0045, Code of Criminal
161	161	Procedure) . . . $4;
162	162	(2) a fee for services of prosecutor (Art. 102.008,
163	163	Code of Criminal Procedure) . . . $25;
164	164	(3) fees for services of peace officer:
165	165	(A) issuing a written notice to appear in court
166	166	for certain violations (Art. 102.011, Code of Criminal Procedure)
167	167	. . . $5;
168	168	(B) executing or processing an issued arrest
169	169	warrant, capias, or capias pro fine (Art. 102.011, Code of Criminal
170	170	Procedure) . . . $50;
171	171	(C) summoning a witness (Art. 102.011, Code of
172	172	Criminal Procedure) . . . $5;
173	173	(D) serving a writ not otherwise listed (Art.
174	174	102.011, Code of Criminal Procedure) . . . $35;
175	175	(E) taking and approving a bond and, if
176	176	necessary, returning the bond to courthouse (Art. 102.011, Code of
177	177	Criminal Procedure) . . . $10;
178	178	(F) commitment or release (Art. 102.011, Code of
179	179	Criminal Procedure) . . . $5;
180	180	(G) summoning a jury (Art. 102.011, Code of
181	181	Criminal Procedure) . . . $5;
182	182	(H) attendance of a prisoner in habeas corpus
183	183	case if prisoner has been remanded to custody or held to bail (Art.
184	184	102.011, Code of Criminal Procedure) . . . $8 each day;
185	185	(I) mileage for certain services performed (Art.
186	186	102.011, Code of Criminal Procedure) . . . $0.29 per mile; and
187	187	(J) services of a sheriff or constable who serves
188	188	process and attends examining trial in certain cases (Art. 102.011,
189	189	Code of Criminal Procedure) . . . not to exceed $5;
190	190	(4) services of a peace officer in conveying a witness
191	191	outside the county (Art. 102.011, Code of Criminal Procedure) . . .
192	192	$10 per day or part of a day, plus actual necessary travel expenses;
193	193	(5) overtime of peace officer for time spent
194	194	testifying in the trial or traveling to or from testifying in the
195	195	trial (Art. 102.011, Code of Criminal Procedure) . . . actual cost;
196	196	(6) court costs on an offense relating to rules of the
197	197	road, when offense occurs within a school crossing zone (Art.
198	198	102.014, Code of Criminal Procedure) . . . $25;
199	199	(7) court costs on an offense of passing a school bus
200	200	(Art. 102.014, Code of Criminal Procedure) . . . $25;
201	201	(8) court costs on an offense of truancy or
202	202	contributing to truancy (Art. 102.014, Code of Criminal Procedure)
203	203	. . . $20;
204	204	(9) cost for visual recording of intoxication arrest
205	205	before conviction (Art. 102.018, Code of Criminal Procedure) . . .
206	206	$15;
207	207	(10) cost of certain evaluations (Art. 102.018, Code
208	208	of Criminal Procedure) . . . actual cost;
209	209	(11) additional costs attendant to certain
210	210	intoxication convictions under Chapter 49, Penal Code, for
211	211	emergency medical services, trauma facilities, and trauma care
212	212	systems (Art. 102.0185, Code of Criminal Procedure) . . . $100;
213	213	(12) additional costs attendant to certain child
214	214	sexual assault and related convictions, for child abuse prevention
215	215	programs (Art. 102.0186, Code of Criminal Procedure) . . . $100;
216	216	(13) court cost for DNA testing for certain felonies
217	217	(Art. 102.020(a)(1), Code of Criminal Procedure) . . . $250;
218	218	(14) court cost for DNA testing for the offense of
219	219	public lewdness or indecent exposure (Art. 102.020(a)(2), Code of
220	220	Criminal Procedure) . . . $50;
221	221	(15) court cost for DNA testing for certain felonies
222	222	(Art. 102.020(a)(3), Code of Criminal Procedure) . . . $34;
223	223	(16) if required by the court, a restitution fee for
224	224	costs incurred in collecting restitution installments and for the
225	225	compensation to victims of crime fund (Art. 42.037, Code of
226	226	Criminal Procedure) . . . $12;
227	227	(17) if directed by the justice of the peace or
228	228	municipal court judge hearing the case, court costs on conviction
229	229	in a criminal action (Art. 45.041, Code of Criminal Procedure)
230	230	. . . part or all of the costs as directed by the judge; [and]
231	231	(18) costs attendant to convictions under Chapter 49,
232	232	Penal Code, and under Chapter 481, Health and Safety Code, to help
233	233	fund drug court programs established under Chapter 469, Health and
234	234	Safety Code (Art. 102.0178, Code of Criminal Procedure) . . . $60;
235	235	and
236	236	(19) a fee to reimburse property owners in certain
237	237	counties for damage resulting from an offense under Section 20.05
238	238	or 38.04, Penal Code, or any offense under Chapter 20A, Penal Code
239	239	(Sec. 19(h), Art. 42.12, Code of Criminal Procedure) . . . $15.
240	240	SECTION 5. Section 19(h), Article 42.12, Code of Criminal
241	241	Procedure, as added by this Act, applies only to a defendant
242	242	initially placed on community supervision on or after the effective
243	243	date of this Act. A defendant initially placed on community
244	244	supervision before the effective date of this Act is governed by the
245	245	law in effect immediately before the effective date of this Act, and
246	246	the former law is continued in effect for that purpose.
247	247	SECTION 6. This Act takes effect September 1, 2013.