| 1 | 1 | | 84R11996 LED-D |
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| 2 | 2 | | By: Kuempel, Flynn H.B. No. 3927 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the creation of the constable technology fund; |
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| 8 | 8 | | authorizing a fee. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Subchapter A, Chapter 102, Code of Criminal |
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| 11 | 11 | | Procedure, is amended by adding Article 102.0175 to read as |
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| 12 | 12 | | follows: |
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| 13 | 13 | | Art. 102.0175. COURT COSTS; CONSTABLE TECHNOLOGY FUND. (a) |
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| 14 | 14 | | The commissioners court of a county by order shall create a |
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| 15 | 15 | | constable technology fund. A defendant convicted of a misdemeanor |
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| 16 | 16 | | offense in justice court shall pay a $4 constable technology fee as |
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| 17 | 17 | | a cost of court for deposit in the fund. |
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| 18 | 18 | | (b) In this article, a person is considered convicted if: |
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| 19 | 19 | | (1) a sentence is imposed on the person; or |
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| 20 | 20 | | (2) the court defers final disposition of the person's |
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| 21 | 21 | | case. |
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| 22 | 22 | | (c) The justice court clerk shall collect the costs and pay |
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| 23 | 23 | | the funds to the county treasurer, or to any other official who |
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| 24 | 24 | | discharges the duties commonly delegated to the county treasurer, |
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| 25 | 25 | | for deposit in a fund to be known as the constable technology fund. |
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| 26 | 26 | | (d) A fund designated by this article may be used only to |
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| 27 | 27 | | finance: |
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| 28 | 28 | | (1) the cost of continuing education and training for |
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| 29 | 29 | | constables, deputy constables, and support staff regarding |
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| 30 | 30 | | technological enhancements for the office of constable; and |
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| 31 | 31 | | (2) the purchase and maintenance of technological |
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| 32 | 32 | | enhancements for the office of constable, including: |
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| 33 | 33 | | (A) computer systems; |
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| 34 | 34 | | (B) computer networks; |
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| 35 | 35 | | (C) computer hardware; |
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| 36 | 36 | | (D) computer software; |
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| 37 | 37 | | (E) electronic transmission hardware or |
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| 38 | 38 | | software; |
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| 39 | 39 | | (F) imaging and recording systems and equipment; |
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| 40 | 40 | | (G) court integration equipment; and |
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| 41 | 41 | | (H) records management systems. |
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| 42 | 42 | | (e) The constable technology fund shall be administered by or |
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| 43 | 43 | | under the direction of the commissioners court of the county. |
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| 44 | 44 | | SECTION 2. Section 102.101, Government Code, is amended to |
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| 45 | 45 | | read as follows: |
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| 46 | 46 | | Sec. 102.101. ADDITIONAL COURT COSTS ON CONVICTION IN |
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| 47 | 47 | | JUSTICE COURT: CODE OF CRIMINAL PROCEDURE. A clerk of a justice |
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| 48 | 48 | | court shall collect fees and costs under the Code of Criminal |
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| 49 | 49 | | Procedure on conviction of a defendant as follows: |
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| 50 | 50 | | (1) a jury fee (Art. 102.004, Code of Criminal |
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| 51 | 51 | | Procedure) . . . $3; |
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| 52 | 52 | | (2) a fee for withdrawing request for jury less than 24 |
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| 53 | 53 | | hours before time of trial (Art. 102.004, Code of Criminal |
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| 54 | 54 | | Procedure) . . . $3; |
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| 55 | 55 | | (3) a jury fee for two or more defendants tried jointly |
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| 56 | 56 | | (Art. 102.004, Code of Criminal Procedure) . . . one jury fee of $3; |
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| 57 | 57 | | (4) a security fee on a misdemeanor offense (Art. |
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| 58 | 58 | | 102.017, Code of Criminal Procedure) . . . $4; |
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| 59 | 59 | | (5) a fee for technology fund on a misdemeanor offense |
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| 60 | 60 | | (Art. 102.0173, Code of Criminal Procedure) . . . $4; |
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| 61 | 61 | | (6) a juvenile case manager fee (Art. 102.0174, Code |
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| 62 | 62 | | of Criminal Procedure) . . . not to exceed $5 if the court employs a |
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| 63 | 63 | | juvenile case manager; |
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| 64 | 64 | | (7) a fee on conviction of certain offenses involving |
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| 65 | 65 | | issuing or passing a subsequently dishonored check or similar sight |
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| 66 | 66 | | order (Art. 102.0071, Code of Criminal Procedure) . . . not to |
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| 67 | 67 | | exceed $30; |
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| 68 | 68 | | (8) a court cost on conviction of a Class C misdemeanor |
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| 69 | 69 | | in a county with a population of 3.3 million or more, if authorized |
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| 70 | 70 | | by the county commissioners court (Art. 102.009, Code of Criminal |
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| 71 | 71 | | Procedure) . . . not to exceed $7; [and] |
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| 72 | 72 | | (9) a civil justice fee (Art. 102.022, Code of |
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| 73 | 73 | | Criminal Procedure) . . . $0.10; and |
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| 74 | 74 | | (10) a fee for constable technology fund on a |
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| 75 | 75 | | misdemeanor offense (Art. 102.0175, Code of Criminal |
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| 76 | 76 | | Procedure) . . . $4. |
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| 77 | 77 | | SECTION 3. The change in law made by this Act applies only |
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| 78 | 78 | | to an offense committed on or after the effective date of this Act. |
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| 79 | 79 | | An offense committed before the effective date of this Act is |
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| 80 | 80 | | governed by the law in effect when the offense was committed, and |
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| 81 | 81 | | the former law is continued in effect for that purpose. For purposes |
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| 82 | 82 | | of this section, an offense was committed before the effective date |
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| 83 | 83 | | of this Act if any element of the offense was committed before that |
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| 84 | 84 | | date. |
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| 85 | 85 | | SECTION 4. This Act takes effect September 1, 2015. |
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