Texas 2013 - 83rd Regular

Texas House Bill HB2327 Compare Versions

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Old	New	Differences
1	1	83R18359 YDB-D
2	2	By: Gooden H.B. No. 2327
3	3	Substitute the following for H.B. No. 2327:
4	4	By: Farrar C.S.H.B. No. 2327
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to court costs imposed on conviction and deposited to the
10	10	courthouse security fund; increasing fees.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Articles 102.017(a) and (b), Code of Criminal
13	13	Procedure, are amended to read as follows:
14	14	(a) A defendant convicted of a felony offense in a district
15	15	court shall pay a $20 [$5] security fee as a cost of court.
16	16	(b) A defendant convicted of a misdemeanor offense in a
17	17	county court, county court at law, or district court shall pay an $8
18	18	[a $3] security fee as a cost of court. A defendant convicted of a
19	19	misdemeanor offense in a justice court shall pay a $9 [$4] security
20	20	fee as a cost of court. The governing body of a municipality by
21	21	ordinance may create a municipal court building security fund and
22	22	may require a defendant convicted of a misdemeanor offense in a
23	23	municipal court to pay a $3 security fee as a cost of court.
24	24	SECTION 2. Section 102.041, Government Code, is amended to
25	25	read as follows:
26	26	Sec. 102.041. ADDITIONAL COURT COSTS ON CONVICTION IN
27	27	DISTRICT COURT: CODE OF CRIMINAL PROCEDURE. The clerk of a
28	28	district court shall collect fees and costs under the Code of
29	29	Criminal Procedure on conviction of a defendant as follows:
30	30	(1) a jury fee (Art. 102.004, Code of Criminal
31	31	Procedure) . . . $20;
32	32	(2) a fee for clerk of the court services
33	33	(Art. 102.005, Code of Criminal Procedure) . . . $40;
34	34	(3) a records management and preservation services fee
35	35	(Art. 102.005, Code of Criminal Procedure) . . . $25;
36	36	(4) a county and district court technology fee
37	37	(Art. 102.0169, Code of Criminal Procedure) . . . $4;
38	38	(5) a security fee on a felony offense (Art. 102.017,
39	39	Code of Criminal Procedure) . . . $20 [$5];
40	40	(6) a security fee on a misdemeanor offense
41	41	(Art. 102.017, Code of Criminal Procedure) . . . $8 [$3]; and
42	42	(7) a juvenile delinquency prevention and graffiti
43	43	eradication fee (Art. 102.0171, Code of Criminal Procedure) . . .
44	44	$50.
45	45	SECTION 3. Section 102.061, Government Code, is amended to
46	46	read as follows:
47	47	Sec. 102.061. ADDITIONAL COURT COSTS ON CONVICTION IN
48	48	STATUTORY COUNTY COURT: CODE OF CRIMINAL PROCEDURE. The clerk of
49	49	a statutory county court shall collect fees and costs under the Code
50	50	of Criminal Procedure on conviction of a defendant as follows:
51	51	(1) a jury fee (Art. 102.004, Code of Criminal
52	52	Procedure) . . . $20;
53	53	(2) a fee for services of the clerk of the court (Art.
54	54	102.005, Code of Criminal Procedure) . . . $40;
55	55	(3) a records management and preservation services fee
56	56	(Art. 102.005, Code of Criminal Procedure) . . . $25;
57	57	(4) a county and district court technology fee (Art.
58	58	102.0169, Code of Criminal Procedure) . . . $4;
59	59	(5) a security fee on a misdemeanor offense (Art.
60	60	102.017, Code of Criminal Procedure) . . . $8 [$3];
61	61	(6) a juvenile delinquency prevention and graffiti
62	62	eradication fee (Art. 102.0171, Code of Criminal Procedure) . . .
63	63	$50;
64	64	(7) a juvenile case manager fee (Art. 102.0174, Code
65	65	of Criminal Procedure) . . . not to exceed $5 if the court employs a
66	66	juvenile case manager; and
67	67	(8) a civil justice fee (Art. 102.022, Code of
68	68	Criminal Procedure) . . . $0.10.
69	69	SECTION 4. Section 102.081, Government Code, is amended to
70	70	read as follows:
71	71	Sec. 102.081. ADDITIONAL COURT COSTS ON CONVICTION IN
72	72	COUNTY COURT: CODE OF CRIMINAL PROCEDURE. The clerk of a county
73	73	court shall collect fees and costs under the Code of Criminal
74	74	Procedure on conviction of a defendant as follows:
75	75	(1) a jury fee (Art. 102.004, Code of Criminal
76	76	Procedure) . . . $20;
77	77	(2) a fee for clerk of the court services (Art.
78	78	102.005, Code of Criminal Procedure) . . . $40;
79	79	(3) a records management and preservation services fee
80	80	(Art. 102.005, Code of Criminal Procedure) . . . $25;
81	81	(4) a county and district court technology fee (Art.
82	82	102.0169, Code of Criminal Procedure) . . . $4;
83	83	(5) a security fee on a misdemeanor offense (Art.
84	84	102.017, Code of Criminal Procedure) . . . $8 [$3];
85	85	(6) a juvenile delinquency prevention and graffiti
86	86	eradication fee (Art. 102.0171, Code of Criminal Procedure) . . .
87	87	$50;
88	88	(7) a juvenile case manager fee (Art. 102.0174, Code
89	89	of Criminal Procedure) . . . not to exceed $5 if the court employs a
90	90	juvenile case manager; and
91	91	(8) a civil justice fee (Art. 102.022, Code of
92	92	Criminal Procedure) . . . $0.10.
93	93	SECTION 5. Section 102.101, Government Code, is amended to
94	94	read as follows:
95	95	Sec. 102.101. ADDITIONAL COURT COSTS ON CONVICTION IN
96	96	JUSTICE COURT: CODE OF CRIMINAL PROCEDURE. A clerk of a justice
97	97	court shall collect fees and costs under the Code of Criminal
98	98	Procedure on conviction of a defendant as follows:
99	99	(1) a jury fee (Art. 102.004, Code of Criminal
100	100	Procedure) . . . $3;
101	101	(2) a fee for withdrawing request for jury less than 24
102	102	hours before time of trial (Art. 102.004, Code of Criminal
103	103	Procedure) . . . $3;
104	104	(3) a jury fee for two or more defendants tried jointly
105	105	(Art. 102.004, Code of Criminal Procedure) . . . one jury fee of $3;
106	106	(4) a security fee on a misdemeanor offense (Art.
107	107	102.017, Code of Criminal Procedure) . . . $9 [$4];
108	108	(5) a fee for technology fund on a misdemeanor offense
109	109	(Art. 102.0173, Code of Criminal Procedure) . . . $4;
110	110	(6) a juvenile case manager fee (Art. 102.0174, Code
111	111	of Criminal Procedure) . . . not to exceed $5 if the court employs a
112	112	juvenile case manager;
113	113	(7) a fee on conviction of certain offenses involving
114	114	issuing or passing a subsequently dishonored check (Art. 102.0071,
115	115	Code of Criminal Procedure) . . . not to exceed $30;
116	116	(8) a court cost on conviction of a Class C misdemeanor
117	117	in a county with a population of 3.3 million or more, if authorized
118	118	by the county commissioners court (Art. 102.009, Code of Criminal
119	119	Procedure) . . . not to exceed $7; and
120	120	(9) a civil justice fee (Art. 102.022, Code of
121	121	Criminal Procedure) . . . $0.10.
122	122	SECTION 6. The change in law made by this Act applies only
123	123	to court costs imposed on conviction of an offense committed on or
124	124	after January 1, 2014. For purposes of this section, an offense is
125	125	committed before January 1, 2014, if any element of the offense
126	126	occurs before that date. Court costs imposed on conviction of an
127	127	offense committed before January 1, 2014, are governed by the law in
128	128	effect immediately before the effective date of this Act, and the
129	129	former law is continued in effect for that purpose.
130	130	SECTION 7. This Act takes effect September 1, 2013.