Texas 2015 - 84th Regular

Texas Senate Bill SB1292 Compare Versions

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

Old	New	Differences
1	1	84R10207 JXC-F
2	2	By: Zaffirini S.B. No. 1292
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to parking privileges for people with disabilities;
8	8	authorizing a fee; amending dismissal procedures for a criminal
9	9	offense.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Subchapter B, Chapter 45, Code of Criminal
12	12	Procedure, is amended by adding Article 45.0512 to read as follows:
13	13	Art. 45.0512. DISABLED PARKING COURSE DISMISSAL
14	14	PROCEDURES. (a) This article applies only to an alleged offense
15	15	that:
16	16	(1) is within the jurisdiction of a justice court or a
17	17	municipal court; and
18	18	(2) is defined by Section 681.011, Transportation
19	19	Code.
20	20	(b) The judge may require the defendant to successfully
21	21	complete a disabled parking course approved by the political
22	22	subdivision in which the alleged offense occurred if:
23	23	(1) the defendant has not completed a disabled parking
24	24	course approved by the political subdivision within the 12 months
25	25	preceding the date of the offense; and
26	26	(2) the defendant enters a plea under Article 45.021
27	27	in person or in writing of no contest or guilty on or before the
28	28	answer date on the notice to appear and:
29	29	(A) presents in person or by counsel to the court
30	30	a request to take a course; or
31	31	(B) sends to the court by certified mail, return
32	32	receipt requested, postmarked on or before the answer date on the
33	33	notice to appear, a written request to take a course.
34	34	(c) The court shall enter judgment on the defendant's plea
35	35	of no contest or guilty at the time the plea is made, defer
36	36	imposition of the judgment, and allow the defendant 90 days to
37	37	successfully complete the approved disabled parking course and
38	38	present to the court:
39	39	(1) a certificate, in a form approved by the political
40	40	subdivision that approved the course, of completion of the disabled
41	41	parking course; and
42	42	(2) confirmation from the political subdivision in
43	43	which the alleged offense occurred that the defendant was not
44	44	taking a disabled parking course approved by that subdivision under
45	45	this article on the date the request to take the course was made and
46	46	had not completed such a course within the 12 months preceding the
47	47	date of the offense.
48	48	(d) A request to take a disabled parking course made at or
49	49	before the time and at the place at which a defendant is required to
50	50	appear in court is an appearance in compliance with the defendant's
51	51	promise to appear.
52	52	(e) In addition to court costs and fees authorized or
53	53	imposed by a law of this state and applicable to the offense, the
54	54	court may require a defendant requesting a course under Subsection
55	55	(b) to pay an administrative fee set by the court to cover the cost
56	56	of administering this article at an amount of not more than $10.
57	57	(f) A defendant who requests but does not take a course is
58	58	not entitled to a refund of the fee.
59	59	(g) Fees collected by a municipal court shall be deposited
60	60	in the municipal treasury. Fees collected by another court shall be
61	61	deposited in the county treasury of the county in which the court is
62	62	located.
63	63	(h) If a defendant requesting a course under this article
64	64	fails to comply with Subsection (c), the court shall:
65	65	(1) notify the defendant in writing, mailed to the
66	66	address on file with the court or appearing in the notice to appear,
67	67	of that failure; and
68	68	(2) require the defendant to appear at the time and
69	69	place stated in the notice to show cause why the evidence was not
70	70	timely submitted to the court.
71	71	(i) If the defendant fails to appear at the time and place
72	72	stated in the notice under Subsection (h), or appears at the time
73	73	and place stated in the notice but does not show good cause for the
74	74	defendant's failure to comply with Subsection (c), the court shall
75	75	enter an adjudication of guilt and impose sentence.
76	76	(j) On a defendant's showing of good cause for failure to
77	77	furnish evidence to the court, the court may allow an extension of
78	78	time during which the defendant may present a certificate of course
79	79	completion as evidence that the defendant successfully completed
80	80	the disabled parking course.
81	81	(k) When a defendant complies with Subsection (c), the court
82	82	shall remove the judgment and dismiss the charge.
83	83	(l) The court may dismiss only one charge for each
84	84	completion of a course.
85	85	(m) An order of deferral under Subsection (c) terminates any
86	86	liability under a bail bond or appearance bond given for the charge.
87	87	SECTION 2. Section 103.021, Government Code, is amended to
88	88	read as follows:
89	89	Sec. 103.021. ADDITIONAL FEES AND COSTS IN CRIMINAL OR
90	90	CIVIL CASES: CODE OF CRIMINAL PROCEDURE. An accused or
91	91	defendant, or a party to a civil suit, as applicable, shall pay the
92	92	following fees and costs under the Code of Criminal Procedure if
93	93	ordered by the court or otherwise required:
94	94	(1) a personal bond fee (Art. 17.42, Code of Criminal
95	95	Procedure) . . . the greater of $20 or three percent of the amount
96	96	of the bail fixed for the accused;
97	97	(2) cost of electronic monitoring as a condition of
98	98	release on personal bond (Art. 17.43, Code of Criminal Procedure)
99	99	. . . actual cost;
100	100	(3) a fee for verification of and monitoring of motor
101	101	vehicle ignition interlock (Art. 17.441, Code of Criminal
102	102	Procedure) . . . not to exceed $10;
103	103	(3-a) costs associated with operating a global
104	104	positioning monitoring system as a condition of release on bond
105	105	(Art. 17.49(b)(2), Code of Criminal Procedure) . . . actual costs,
106	106	subject to a determination of indigency;
107	107	(3-b) costs associated with providing a defendant's
108	108	victim with an electronic receptor device as a condition of the
109	109	defendant's release on bond (Art. 17.49(b)(3), Code of Criminal
110	110	Procedure) . . . actual costs, subject to a determination of
111	111	indigency;
112	112	(4) repayment of reward paid by a crime stoppers
113	113	organization on conviction of a felony (Art. 37.073, Code of
114	114	Criminal Procedure) . . . amount ordered;
115	115	(5) reimbursement to general revenue fund for payments
116	116	made to victim of an offense as condition of community supervision
117	117	(Art. 42.12, Code of Criminal Procedure) . . . not to exceed $50 for
118	118	a misdemeanor offense or $100 for a felony offense;
119	119	(6) payment to a crime stoppers organization as
120	120	condition of community supervision (Art. 42.12, Code of Criminal
121	121	Procedure) . . . not to exceed $50;
122	122	(7) children's advocacy center fee (Art. 42.12, Code
123	123	of Criminal Procedure) . . . not to exceed $50;
124	124	(8) family violence center fee (Art. 42.12, Code of
125	125	Criminal Procedure) . . . $100;
126	126	(9) community supervision fee (Art. 42.12, Code of
127	127	Criminal Procedure) . . . not less than $25 or more than $60 per
128	128	month;
129	129	(10) additional community supervision fee for certain
130	130	offenses (Art. 42.12, Code of Criminal Procedure) . . . $5 per
131	131	month;
132	132	(11) for certain financially able sex offenders as a
133	133	condition of community supervision, the costs of treatment,
134	134	specialized supervision, or rehabilitation (Art. 42.12, Code of
135	135	Criminal Procedure) . . . all or part of the reasonable and
136	136	necessary costs of the treatment, supervision, or rehabilitation as
137	137	determined by the judge;
138	138	(12) fee for failure to appear for trial in a justice
139	139	or municipal court if a jury trial is not waived (Art. 45.026, Code
140	140	of Criminal Procedure) . . . costs incurred for impaneling the
141	141	jury;
142	142	(13) costs of certain testing, assessments, or
143	143	programs during a deferral period (Art. 45.051, Code of Criminal
144	144	Procedure) . . . amount ordered;
145	145	(14) special expense on dismissal of certain
146	146	misdemeanor complaints (Art. 45.051, Code of Criminal Procedure)
147	147	. . . not to exceed amount of fine assessed;
148	148	(15) an additional fee:
149	149	(A) for a copy of the defendant's driving record
150	150	to be requested from the Department of Public Safety by the judge
151	151	(Art. 45.0511(c-1), Code of Criminal Procedure) . . . amount equal
152	152	to the sum of the fee established by Section 521.048,
153	153	Transportation Code, and the state electronic Internet portal fee;
154	154	(B) as an administrative fee for requesting a
155	155	driving safety course or a course under the motorcycle operator
156	156	training and safety program for certain traffic offenses to cover
157	157	the cost of administering the article (Art. 45.0511(f)(1), Code of
158	158	Criminal Procedure) . . . not to exceed $10; [or]
159	159	(C) for requesting a driving safety course or a
160	160	course under the motorcycle operator training and safety program
161	161	before the final disposition of the case (Art. 45.0511(f)(2), Code
162	162	of Criminal Procedure) . . . not to exceed the maximum amount of the
163	163	fine for the offense committed by the defendant; or
164	164	(D) as an administrative fee for requesting a
165	165	disabled parking course to cover the cost of administering the
166	166	article (Art. 45.0512(e), Code of Criminal Procedure) . . . not to
167	167	exceed $10;
168	168	(16) a request fee for teen court program (Art.
169	169	45.052, Code of Criminal Procedure) . . . $20, if the court
170	170	ordering the fee is located in the Texas-Louisiana border region,
171	171	but otherwise not to exceed $10;
172	172	(17) a fee to cover costs of required duties of teen
173	173	court (Art. 45.052, Code of Criminal Procedure) . . . $20, if the
174	174	court ordering the fee is located in the Texas-Louisiana border
175	175	region, but otherwise $10;
176	176	(18) a mileage fee for officer performing certain
177	177	services (Art. 102.001, Code of Criminal Procedure) . . . $0.15 per
178	178	mile;
179	179	(19) certified mailing of notice of hearing date (Art.
180	180	102.006, Code of Criminal Procedure) . . . $1, plus postage;
181	181	(20) certified mailing of certified copies of an order
182	182	of expunction (Art. 102.006, Code of Criminal Procedure) . . . $2,
183	183	plus postage;
184	184	(20-a) a fee to defray the cost of notifying state
185	185	agencies of orders of expungement (Art. 45.0216, Code of Criminal
186	186	Procedure) . . . $30 per application;
187	187	(20-b) a fee to defray the cost of notifying state
188	188	agencies of orders of expunction (Art. 45.055, Code of Criminal
189	189	Procedure) . . . $30 per application;
190	190	(21) sight orders:
191	191	(A) if the face amount of the check or sight order
192	192	does not exceed $10 (Art. 102.007, Code of Criminal Procedure)
193	193	. . . not to exceed $10;
194	194	(B) if the face amount of the check or sight order
195	195	is greater than $10 but does not exceed $100 (Art. 102.007, Code of
196	196	Criminal Procedure) . . . not to exceed $15;
197	197	(C) if the face amount of the check or sight order
198	198	is greater than $100 but does not exceed $300 (Art. 102.007, Code of
199	199	Criminal Procedure) . . . not to exceed $30;
200	200	(D) if the face amount of the check or sight order
201	201	is greater than $300 but does not exceed $500 (Art. 102.007, Code of
202	202	Criminal Procedure) . . . not to exceed $50; and
203	203	(E) if the face amount of the check or sight order
204	204	is greater than $500 (Art. 102.007, Code of Criminal Procedure)
205	205	. . . not to exceed $75;
206	206	(22) fees for a pretrial intervention program:
207	207	(A) a supervision fee (Art. 102.012(a), Code of
208	208	Criminal Procedure) . . . $60 a month plus expenses; and
209	209	(B) a district attorney, criminal district
210	210	attorney, or county attorney administrative fee (Art. 102.0121,
211	211	Code of Criminal Procedure) . . . not to exceed $500;
212	212	(23) parking fee violations for child safety fund in
213	213	municipalities with populations:
214	214	(A) greater than 850,000 (Art. 102.014, Code of
215	215	Criminal Procedure) . . . not less than $2 and not to exceed $5; and
216	216	(B) less than 850,000 (Art. 102.014, Code of
217	217	Criminal Procedure) . . . not to exceed $5;
218	218	(24) an administrative fee for collection of fines,
219	219	fees, restitution, or other costs (Art. 102.072, Code of Criminal
220	220	Procedure) . . . not to exceed $2 for each transaction; and
221	221	(25) a collection fee, if authorized by the
222	222	commissioners court of a county or the governing body of a
223	223	municipality, for certain debts and accounts receivable, including
224	224	unpaid fines, fees, court costs, forfeited bonds, and restitution
225	225	ordered paid (Art. 103.0031, Code of Criminal Procedure) . . . 30
226	226	percent of an amount more than 60 days past due.
227	227	SECTION 3. Sections 681.004(a) and (b), Transportation
228	228	Code, are amended to read as follows:
229	229	(a) A person with a permanent disability may receive[:
230	230	[(1) two disabled parking placards, if the person does
231	231	not receive a set of special license plates under Section 504.201;
232	232	[(2)] one disabled parking placard, in addition to any
233	233	[if the person receives a set of] special license plates received
234	234	under Subchapter C, Chapter 504 [Section 504.201; or
235	235	[(3) two disabled parking placards, if the person
236	236	receives two sets of special license plates under Section 504.202].
237	237	(b) A person with a temporary disability may receive one
238	238	[two] disabled parking placard [placards].
239	239	SECTION 4. Section 681.010, Transportation Code, is amended
240	240	by adding Subsection (c) to read as follows:
241	241	(c) A charge filed under this section may be filed manually
242	242	or in an electronically secure format.
243	243	SECTION 5. Section 681.0101, Transportation Code, is
244	244	amended by adding Subsections (a-1) and (b-1) and amending
245	245	Subsection (b) to read as follows:
246	246	(a-1) A charge filed under this section may be filed
247	247	manually or in an electronically secure format.
248	248	(b) A person appointed under this section must:
249	249	(1) be a United States citizen of good moral character
250	250	who has not been convicted of a felony;
251	251	(2) take and subscribe to an oath of office that the
252	252	political subdivision prescribes; and
253	253	(3) successfully complete a training program of at
254	254	least four hours in length developed or approved by the political
255	255	subdivision.
256	256	(b-1) A training program described by Subsection (b) must
257	257	include:
258	258	(1) information on laws governing parking for people
259	259	with disabilities;
260	260	(2) information on the powers, rights, and
261	261	responsibilities of a person appointed under this section;
262	262	(3) instructions directing a person appointed under
263	263	this section not to confront suspected violators of laws governing
264	264	parking for people with disabilities; and
265	265	(4) procedures to report suspected violations of laws
266	266	governing parking for people with disabilities.
267	267	SECTION 6. Chapter 681, Transportation Code, is amended by
268	268	adding Section 681.014 to read as follows:
269	269	Sec. 681.014. DISPOSITION OF FINES. Notwithstanding
270	270	Section 542.402, a political subdivision that collects fines for
271	271	violations of Section 681.011 may use not more than 40 percent of
272	272	the fine revenue to:
273	273	(1) provide a community education and awareness
274	274	program about parking for people with disabilities; and
275	275	(2) establish an advisory body in the political
276	276	subdivision, composed of members at least half of whom have a
277	277	disability or represent a nonprofit organization that serves the
278	278	needs of people with disabilities.
279	279	SECTION 7. The change in law made by this Act applies only
280	280	to an offense committed on or after the effective date of this Act.
281	281	An offense committed before the effective date of this Act is
282	282	governed by the law in effect on the date the offense was committed,
283	283	and the former law is continued in effect for that purpose. For
284	284	purposes of this section, an offense was committed before the
285	285	effective date of this Act if any element of the offense occurred
286	286	before that date.
287	287	SECTION 8. This Act takes effect September 1, 2015.