Texas 2015 - 84th Regular

Texas House Bill HB1055 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	84R2439 MEW-D
2	2	By: Gutierrez H.B. No. 1055
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to expanding the category of persons required to pay
8	8	certain costs on conviction imposed for the support of drug court
9	9	programs.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. The heading to Article 102.0178, Code of
12	12	Criminal Procedure, is amended to read as follows:
13	13	Art. 102.0178. COSTS ATTENDANT TO [CERTAIN INTOXICATION AND
14	14	DRUG] CONVICTIONS TO FUND DRUG COURT PROGRAMS.
15	15	SECTION 2. Articles 102.0178(a), (e), and (g), Code of
16	16	Criminal Procedure, are amended to read as follows:
17	17	(a) In addition to other costs on conviction imposed by this
18	18	chapter, a person shall pay $60 as a court cost on conviction of an
19	19	offense punishable as a Class B misdemeanor or any higher category
20	20	of offense [under:
21	21	[(1) Chapter 49, Penal Code; or
22	22	[(2) Chapter 481, Health and Safety Code].
23	23	(e) A county is entitled to:
24	24	(1) if the custodian of the county treasury complies
25	25	with Subsection (d), retain 10 percent of the funds collected under
26	26	this article by an officer of the county during the calendar quarter
27	27	as a service fee; and
28	28	(2) if the county has established a drug court
29	29	program, including a family drug court program, or establishes a
30	30	drug court program before the expiration of the calendar quarter,
31	31	retain in addition to the 10 percent authorized by Subdivision (1)
32	32	another 70 [50] percent of the funds collected under this article by
33	33	an officer of the county during the calendar quarter to be used
34	34	exclusively for the development and maintenance of all drug court
35	35	programs operated within the county.
36	36	(g) The comptroller shall deposit the funds received under
37	37	this article to the credit of the drug court account in the general
38	38	revenue fund to help fund drug court programs established under
39	39	Chapter 122 or[,] 123[, 124, or 125], Government Code, or former
40	40	law. The legislature shall appropriate money from the account
41	41	solely to the criminal justice division of the governor's office
42	42	for distribution to drug court programs that apply for the money.
43	43	SECTION 3. Section 102.021, Government Code, is amended to
44	44	read as follows:
45	45	Sec. 102.021. COURT COSTS ON CONVICTION: CODE OF CRIMINAL
46	46	PROCEDURE. A person convicted of an offense shall pay the
47	47	following under the Code of Criminal Procedure, in addition to all
48	48	other costs:
49	49	(1) court cost on conviction of any offense, other
50	50	than a conviction of an offense relating to a pedestrian or the
51	51	parking of a motor vehicle (Art. 102.0045, Code of Criminal
52	52	Procedure) . . . $4;
53	53	(2) a fee for services of prosecutor (Art. 102.008,
54	54	Code of Criminal Procedure) . . . $25;
55	55	(3) fees for services of peace officer:
56	56	(A) issuing a written notice to appear in court
57	57	for certain violations (Art. 102.011, Code of Criminal Procedure)
58	58	. . . $5;
59	59	(B) executing or processing an issued arrest
60	60	warrant, capias, or capias pro fine (Art. 102.011, Code of Criminal
61	61	Procedure) . . . $50;
62	62	(C) summoning a witness (Art. 102.011, Code of
63	63	Criminal Procedure) . . . $5;
64	64	(D) serving a writ not otherwise listed (Art.
65	65	102.011, Code of Criminal Procedure) . . . $35;
66	66	(E) taking and approving a bond and, if
67	67	necessary, returning the bond to courthouse (Art. 102.011, Code of
68	68	Criminal Procedure) . . . $10;
69	69	(F) commitment or release (Art. 102.011, Code of
70	70	Criminal Procedure) . . . $5;
71	71	(G) summoning a jury (Art. 102.011, Code of
72	72	Criminal Procedure) . . . $5;
73	73	(H) attendance of a prisoner in habeas corpus
74	74	case if prisoner has been remanded to custody or held to bail (Art.
75	75	102.011, Code of Criminal Procedure) . . . $8 each day;
76	76	(I) mileage for certain services performed (Art.
77	77	102.011, Code of Criminal Procedure) . . . $0.29 per mile; and
78	78	(J) services of a sheriff or constable who serves
79	79	process and attends examining trial in certain cases (Art. 102.011,
80	80	Code of Criminal Procedure) . . . not to exceed $5;
81	81	(4) services of a peace officer in conveying a witness
82	82	outside the county (Art. 102.011, Code of Criminal Procedure) . . .
83	83	$10 per day or part of a day, plus actual necessary travel expenses;
84	84	(5) overtime of peace officer for time spent
85	85	testifying in the trial or traveling to or from testifying in the
86	86	trial (Art. 102.011, Code of Criminal Procedure) . . . actual cost;
87	87	(6) court costs on an offense relating to rules of the
88	88	road, when offense occurs within a school crossing zone (Art.
89	89	102.014, Code of Criminal Procedure) . . . $25;
90	90	(7) court costs on an offense of passing a school bus
91	91	(Art. 102.014, Code of Criminal Procedure) . . . $25;
92	92	(8) court costs on an offense of truancy or
93	93	contributing to truancy (Art. 102.014, Code of Criminal Procedure)
94	94	. . . $20;
95	95	(9) cost for visual recording of intoxication arrest
96	96	before conviction (Art. 102.018, Code of Criminal Procedure) . . .
97	97	$15;
98	98	(10) cost of certain evaluations (Art. 102.018, Code
99	99	of Criminal Procedure) . . . actual cost;
100	100	(11) additional costs attendant to certain
101	101	intoxication convictions under Chapter 49, Penal Code, for
102	102	emergency medical services, trauma facilities, and trauma care
103	103	systems (Art. 102.0185, Code of Criminal Procedure) . . . $100;
104	104	(12) additional costs attendant to certain child
105	105	sexual assault and related convictions, for child abuse prevention
106	106	programs (Art. 102.0186, Code of Criminal Procedure) . . . $100;
107	107	(13) court cost for DNA testing for certain felonies
108	108	(Art. 102.020(a)(1), Code of Criminal Procedure) . . . $250;
109	109	(14) court cost for DNA testing for the offense of
110	110	public lewdness or indecent exposure (Art. 102.020(a)(2), Code of
111	111	Criminal Procedure) . . . $50;
112	112	(15) court cost for DNA testing for certain felonies
113	113	(Art. 102.020(a)(3), Code of Criminal Procedure) . . . $34;
114	114	(16) if required by the court, a restitution fee for
115	115	costs incurred in collecting restitution installments and for the
116	116	compensation to victims of crime fund (Art. 42.037, Code of
117	117	Criminal Procedure) . . . $12;
118	118	(17) if directed by the justice of the peace or
119	119	municipal court judge hearing the case, court costs on conviction
120	120	in a criminal action (Art. 45.041, Code of Criminal Procedure)
121	121	. . . part or all of the costs as directed by the judge; and
122	122	(18) costs attendant to convictions of offenses
123	123	punishable as a Class B misdemeanor or any higher category of
124	124	offense [under Chapter 49, Penal Code, and under Chapter 481,
125	125	Health and Safety Code], to help fund drug court programs
126	126	established under Chapter 122 or[,] 123[, 124, or 125], Government
127	127	Code, or former law (Art. 102.0178, Code of Criminal Procedure)
128	128	. . . $60.
129	129	SECTION 4. Section 124.004(b), Government Code, is
130	130	repealed.
131	131	SECTION 5. Article 102.0178, Code of Criminal Procedure, as
132	132	amended by this Act, applies only to a cost on conviction for an
133	133	offense committed on or after the effective date of this Act. An
134	134	offense committed before the effective date of this Act is governed
135	135	by the law in effect when the offense was committed, and the former
136	136	law is continued in effect for that purpose. For purposes of this
137	137	section, an offense was committed before the effective date of this
138	138	Act if any element of the offense occurred before that date.
139	139	SECTION 6. This Act takes effect September 1, 2015.