84R2439 MEW-D
By: Gutierrez H.B. No. 1055
A BILL TO BE ENTITLED
AN ACT
relating to expanding the category of persons required to pay
certain costs on conviction imposed for the support of drug court
programs.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Article 102.0178, Code of
Criminal Procedure, is amended to read as follows:
Art. 102.0178. COSTS ATTENDANT TO [CERTAIN INTOXICATION AND
DRUG] CONVICTIONS TO FUND DRUG COURT PROGRAMS.
SECTION 2. Articles 102.0178(a), (e), and (g), Code of
Criminal Procedure, are amended to read as follows:
(a) In addition to other costs on conviction imposed by this
chapter, a person shall pay $60 as a court cost on conviction of an
offense punishable as a Class B misdemeanor or any higher category
of offense [under:
[(1) Chapter 49, Penal Code; or
[(2) Chapter 481, Health and Safety Code].
(e) A county is entitled to:
(1) if the custodian of the county treasury complies
with Subsection (d), retain 10 percent of the funds collected under
this article by an officer of the county during the calendar quarter
as a service fee; and
(2) if the county has established a drug court
program, including a family drug court program, or establishes a
drug court program before the expiration of the calendar quarter,
retain in addition to the 10 percent authorized by Subdivision (1)
another 70 [50] percent of the funds collected under this article by
an officer of the county during the calendar quarter to be used
exclusively for the development and maintenance of all drug court
programs operated within the county.
(g) The comptroller shall deposit the funds received under
this article to the credit of the drug court account in the general
revenue fund to help fund drug court programs established under
Chapter 122 or[,] 123[, 124, or 125], Government Code, or former
law. The legislature shall appropriate money from the account
solely to the criminal justice division of the governor's office
for distribution to drug court programs that apply for the money.
SECTION 3. Section 102.021, Government Code, is amended to
read as follows:
Sec. 102.021. COURT COSTS ON CONVICTION: CODE OF CRIMINAL
PROCEDURE. A person convicted of an offense shall pay the
following under the Code of Criminal Procedure, in addition to all
other costs:
(1) court cost on conviction of any offense, other
than a conviction of an offense relating to a pedestrian or the
parking of a motor vehicle (Art. 102.0045, Code of Criminal
Procedure) . . . $4;
(2) a fee for services of prosecutor (Art. 102.008,
Code of Criminal Procedure) . . . $25;
(3) fees for services of peace officer:
(A) issuing a written notice to appear in court
for certain violations (Art. 102.011, Code of Criminal Procedure)
. . . $5;
(B) executing or processing an issued arrest
warrant, capias, or capias pro fine (Art. 102.011, Code of Criminal
Procedure) . . . $50;
(C) summoning a witness (Art. 102.011, Code of
Criminal Procedure) . . . $5;
(D) serving a writ not otherwise listed (Art.
102.011, Code of Criminal Procedure) . . . $35;
(E) taking and approving a bond and, if
necessary, returning the bond to courthouse (Art. 102.011, Code of
Criminal Procedure) . . . $10;
(F) commitment or release (Art. 102.011, Code of
Criminal Procedure) . . . $5;
(G) summoning a jury (Art. 102.011, Code of
Criminal Procedure) . . . $5;
(H) attendance of a prisoner in habeas corpus
case if prisoner has been remanded to custody or held to bail (Art.
102.011, Code of Criminal Procedure) . . . $8 each day;
(I) mileage for certain services performed (Art.
102.011, Code of Criminal Procedure) . . . $0.29 per mile; and
(J) services of a sheriff or constable who serves
process and attends examining trial in certain cases (Art. 102.011,
Code of Criminal Procedure) . . . not to exceed $5;
(4) services of a peace officer in conveying a witness
outside the county (Art. 102.011, Code of Criminal Procedure) . . .
$10 per day or part of a day, plus actual necessary travel expenses;
(5) overtime of peace officer for time spent
testifying in the trial or traveling to or from testifying in the
trial (Art. 102.011, Code of Criminal Procedure) . . . actual cost;
(6) court costs on an offense relating to rules of the
road, when offense occurs within a school crossing zone (Art.
102.014, Code of Criminal Procedure) . . . $25;
(7) court costs on an offense of passing a school bus
(Art. 102.014, Code of Criminal Procedure) . . . $25;
(8) court costs on an offense of truancy or
contributing to truancy (Art. 102.014, Code of Criminal Procedure)
. . . $20;
(9) cost for visual recording of intoxication arrest
before conviction (Art. 102.018, Code of Criminal Procedure) . . .
$15;
(10) cost of certain evaluations (Art. 102.018, Code
of Criminal Procedure) . . . actual cost;
(11) additional costs attendant to certain
intoxication convictions under Chapter 49, Penal Code, for
emergency medical services, trauma facilities, and trauma care
systems (Art. 102.0185, Code of Criminal Procedure) . . . $100;
(12) additional costs attendant to certain child
sexual assault and related convictions, for child abuse prevention
programs (Art. 102.0186, Code of Criminal Procedure) . . . $100;
(13) court cost for DNA testing for certain felonies
(Art. 102.020(a)(1), Code of Criminal Procedure) . . . $250;
(14) court cost for DNA testing for the offense of
public lewdness or indecent exposure (Art. 102.020(a)(2), Code of
Criminal Procedure) . . . $50;
(15) court cost for DNA testing for certain felonies
(Art. 102.020(a)(3), Code of Criminal Procedure) . . . $34;
(16) if required by the court, a restitution fee for
costs incurred in collecting restitution installments and for the
compensation to victims of crime fund (Art. 42.037, Code of
Criminal Procedure) . . . $12;
(17) if directed by the justice of the peace or
municipal court judge hearing the case, court costs on conviction
in a criminal action (Art. 45.041, Code of Criminal Procedure)
. . . part or all of the costs as directed by the judge; and
(18) costs attendant to convictions of offenses
punishable as a Class B misdemeanor or any higher category of
offense [under Chapter 49, Penal Code, and under Chapter 481,
Health and Safety Code], to help fund drug court programs
established under Chapter 122 or[,] 123[, 124, or 125], Government
Code, or former law (Art. 102.0178, Code of Criminal Procedure)
. . . $60.
SECTION 4. Section 124.004(b), Government Code, is
repealed.
SECTION 5. Article 102.0178, Code of Criminal Procedure, as
amended by this Act, applies only to a cost on conviction for an
offense committed on or after the effective date of this Act. An
offense committed before the effective date of this Act is governed
by the law in effect when the offense was committed, and the former
law is continued in effect for that purpose. For purposes of this
section, an offense was committed before the effective date of this
Act if any element of the offense occurred before that date.
SECTION 6. This Act takes effect September 1, 2015.