Texas 2015 - 84th Regular

Texas House Bill HB3388 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	84R19366 MAW-F
2	2	By: Faircloth H.B. No. 3388
3	3	Substitute the following for H.B. No. 3388:
4	4	By: Herrero C.S.H.B. No. 3388
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to increasing the fee on conviction paid by a defendant for
10	10	a peace officer committing or releasing the defendant.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Article 102.011(a), Code of Criminal Procedure,
13	13	is amended to read as follows:
14	14	(a) A defendant convicted of a felony or a misdemeanor shall
15	15	pay the following fees for services performed in the case by a peace
16	16	officer:
17	17	(1) $5 for issuing a written notice to appear in court
18	18	following the defendant's violation of a traffic law, municipal
19	19	ordinance, or penal law of this state, or for making an arrest
20	20	without a warrant;
21	21	(2) $50 for executing or processing an issued arrest
22	22	warrant, capias, or capias pro fine with the fee imposed for the
23	23	services of:
24	24	(A) the law enforcement agency that executed the
25	25	arrest warrant or capias, if the agency requests of the court, not
26	26	later than the 15th day after the date of the execution of the
27	27	arrest warrant or capias, the imposition of the fee on conviction;
28	28	or
29	29	(B) the law enforcement agency that processed the
30	30	arrest warrant or capias, if:
31	31	(i) the arrest warrant or capias was not
32	32	executed; or
33	33	(ii) the executing law enforcement agency
34	34	failed to request the fee within the period required by Paragraph
35	35	(A) of this subdivision;
36	36	(3) $5 for summoning a witness;
37	37	(4) $35 for serving a writ not otherwise listed in this
38	38	article;
39	39	(5) $10 for taking and approving a bond and, if
40	40	necessary, returning the bond to the courthouse;
41	41	(6) $25 [$5] for commitment or release;
42	42	(7) $5 for summoning a jury, if a jury is summoned; and
43	43	(8) $8 for each day's attendance of a prisoner in a
44	44	habeas corpus case if the prisoner has been remanded to custody or
45	45	held to bail.
46	46	SECTION 2. Section 102.021, Government Code, is amended to
47	47	read as follows:
48	48	Sec. 102.021. COURT COSTS ON CONVICTION: CODE OF CRIMINAL
49	49	PROCEDURE. A person convicted of an offense shall pay the
50	50	following under the Code of Criminal Procedure, in addition to all
51	51	other costs:
52	52	(1) court cost on conviction of any offense, other
53	53	than a conviction of an offense relating to a pedestrian or the
54	54	parking of a motor vehicle (Art. 102.0045, Code of Criminal
55	55	Procedure) . . . $4;
56	56	(2) a fee for services of prosecutor (Art. 102.008,
57	57	Code of Criminal Procedure) . . . $25;
58	58	(3) fees for services of peace officer:
59	59	(A) issuing a written notice to appear in court
60	60	for certain violations (Art. 102.011, Code of Criminal Procedure)
61	61	. . . $5;
62	62	(B) executing or processing an issued arrest
63	63	warrant, capias, or capias pro fine (Art. 102.011, Code of Criminal
64	64	Procedure) . . . $50;
65	65	(C) summoning a witness (Art. 102.011, Code of
66	66	Criminal Procedure) . . . $5;
67	67	(D) serving a writ not otherwise listed (Art.
68	68	102.011, Code of Criminal Procedure) . . . $35;
69	69	(E) taking and approving a bond and, if
70	70	necessary, returning the bond to courthouse (Art. 102.011, Code of
71	71	Criminal Procedure) . . . $10;
72	72	(F) commitment or release (Art. 102.011, Code of
73	73	Criminal Procedure) . . . $25 [$5];
74	74	(G) summoning a jury (Art. 102.011, Code of
75	75	Criminal Procedure) . . . $5;
76	76	(H) attendance of a prisoner in habeas corpus
77	77	case if prisoner has been remanded to custody or held to bail (Art.
78	78	102.011, Code of Criminal Procedure) . . . $8 each day;
79	79	(I) mileage for certain services performed (Art.
80	80	102.011, Code of Criminal Procedure) . . . $0.29 per mile; and
81	81	(J) services of a sheriff or constable who serves
82	82	process and attends examining trial in certain cases (Art. 102.011,
83	83	Code of Criminal Procedure) . . . not to exceed $5;
84	84	(4) services of a peace officer in conveying a witness
85	85	outside the county (Art. 102.011, Code of Criminal Procedure) . . .
86	86	$10 per day or part of a day, plus actual necessary travel expenses;
87	87	(5) overtime of peace officer for time spent
88	88	testifying in the trial or traveling to or from testifying in the
89	89	trial (Art. 102.011, Code of Criminal Procedure) . . . actual cost;
90	90	(6) court costs on an offense relating to rules of the
91	91	road, when offense occurs within a school crossing zone (Art.
92	92	102.014, Code of Criminal Procedure) . . . $25;
93	93	(7) court costs on an offense of passing a school bus
94	94	(Art. 102.014, Code of Criminal Procedure) . . . $25;
95	95	(8) court costs on an offense of truancy or
96	96	contributing to truancy (Art. 102.014, Code of Criminal Procedure)
97	97	. . . $20;
98	98	(9) cost for visual recording of intoxication arrest
99	99	before conviction (Art. 102.018, Code of Criminal Procedure) . . .
100	100	$15;
101	101	(10) cost of certain evaluations (Art. 102.018, Code
102	102	of Criminal Procedure) . . . actual cost;
103	103	(11) additional costs attendant to certain
104	104	intoxication convictions under Chapter 49, Penal Code, for
105	105	emergency medical services, trauma facilities, and trauma care
106	106	systems (Art. 102.0185, Code of Criminal Procedure) . . . $100;
107	107	(12) additional costs attendant to certain child
108	108	sexual assault and related convictions, for child abuse prevention
109	109	programs (Art. 102.0186, Code of Criminal Procedure) . . . $100;
110	110	(13) court cost for DNA testing for certain felonies
111	111	(Art. 102.020(a)(1), Code of Criminal Procedure) . . . $250;
112	112	(14) court cost for DNA testing for the offense of
113	113	public lewdness or indecent exposure (Art. 102.020(a)(2), Code of
114	114	Criminal Procedure) . . . $50;
115	115	(15) court cost for DNA testing for certain felonies
116	116	(Art. 102.020(a)(3), Code of Criminal Procedure) . . . $34;
117	117	(16) if required by the court, a restitution fee for
118	118	costs incurred in collecting restitution installments and for the
119	119	compensation to victims of crime fund (Art. 42.037, Code of
120	120	Criminal Procedure) . . . $12;
121	121	(17) if directed by the justice of the peace or
122	122	municipal court judge hearing the case, court costs on conviction
123	123	in a criminal action (Art. 45.041, Code of Criminal Procedure)
124	124	. . . part or all of the costs as directed by the judge; and
125	125	(18) costs attendant to convictions under Chapter 49,
126	126	Penal Code, and under Chapter 481, Health and Safety Code, to help
127	127	fund drug court programs established under Chapter 122, 123, 124,
128	128	or 125, Government Code, or former law (Art. 102.0178, Code of
129	129	Criminal Procedure) . . . $60.
130	130	SECTION 3. The change in law made by this Act applies only
131	131	to a fee imposed for the commitment or release of a defendant
132	132	convicted of an offense committed on or after the effective date of
133	133	this Act. A fee imposed for the commitment or release of a
134	134	defendant convicted of an offense committed before the effective
135	135	date of this Act is governed by the law in effect on the date the
136	136	offense was committed, and the former law is continued in effect for
137	137	that purpose. For purposes of this section, an offense was
138	138	committed before the effective date of this Act if any element of
139	139	the offense occurred before that date.
140	140	SECTION 4. This Act takes effect September 1, 2015.