Texas 2015 - 84th Regular

Texas Senate Bill SB537 Compare Versions

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

Old	New	Differences
1	1	84R1266 MEW-D
2	2	By: Lucio S.B. No. 537
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to a fee imposed as a condition of community supervision
8	8	for certain sexual offenses involving a child victim.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 11(g), Article 42.12, Code of Criminal
11	11	Procedure, is amended to read as follows:
12	12	(g) A judge who grants community supervision to a person
13	13	shall [may] require the person to pay $100 [make one payment in an
14	14	amount not to exceed $50] to a children's advocacy center
15	15	established under Subchapter E, Chapter 264, Family Code, if the
16	16	person is charged with or convicted of an offense under Section
17	17	21.11 or 22.011(a)(2), Penal Code.
18	18	SECTION 2. Section 103.021, Government Code, is amended to
19	19	read as follows:
20	20	Sec. 103.021. ADDITIONAL FEES AND COSTS IN CRIMINAL OR
21	21	CIVIL CASES: CODE OF CRIMINAL PROCEDURE. An accused or
22	22	defendant, or a party to a civil suit, as applicable, shall pay the
23	23	following fees and costs under the Code of Criminal Procedure if
24	24	ordered by the court or otherwise required:
25	25	(1) a personal bond fee (Art. 17.42, Code of Criminal
26	26	Procedure) . . . the greater of $20 or three percent of the amount
27	27	of the bail fixed for the accused;
28	28	(2) cost of electronic monitoring as a condition of
29	29	release on personal bond (Art. 17.43, Code of Criminal Procedure)
30	30	. . . actual cost;
31	31	(3) a fee for verification of and monitoring of motor
32	32	vehicle ignition interlock (Art. 17.441, Code of Criminal
33	33	Procedure) . . . not to exceed $10;
34	34	(3-a) costs associated with operating a global
35	35	positioning monitoring system as a condition of release on bond
36	36	(Art. 17.49(b)(2), Code of Criminal Procedure) . . . actual costs,
37	37	subject to a determination of indigency;
38	38	(3-b) costs associated with providing a defendant's
39	39	victim with an electronic receptor device as a condition of the
40	40	defendant's release on bond (Art. 17.49(b)(3), Code of Criminal
41	41	Procedure) . . . actual costs, subject to a determination of
42	42	indigency;
43	43	(4) repayment of reward paid by a crime stoppers
44	44	organization on conviction of a felony (Art. 37.073, Code of
45	45	Criminal Procedure) . . . amount ordered;
46	46	(5) reimbursement to general revenue fund for payments
47	47	made to victim of an offense as condition of community supervision
48	48	(Art. 42.12, Code of Criminal Procedure) . . . not to exceed $50 for
49	49	a misdemeanor offense or $100 for a felony offense;
50	50	(6) payment to a crime stoppers organization as
51	51	condition of community supervision (Art. 42.12, Code of Criminal
52	52	Procedure) . . . not to exceed $50;
53	53	(7) children's advocacy center fee (Art. 42.12, Code
54	54	of Criminal Procedure) . . . $100 [not to exceed $50];
55	55	(8) family violence center fee (Art. 42.12, Code of
56	56	Criminal Procedure) . . . $100;
57	57	(9) community supervision fee (Art. 42.12, Code of
58	58	Criminal Procedure) . . . not less than $25 or more than $60 per
59	59	month;
60	60	(10) additional community supervision fee for certain
61	61	offenses (Art. 42.12, Code of Criminal Procedure) . . . $5 per
62	62	month;
63	63	(11) for certain financially able sex offenders as a
64	64	condition of community supervision, the costs of treatment,
65	65	specialized supervision, or rehabilitation (Art. 42.12, Code of
66	66	Criminal Procedure) . . . all or part of the reasonable and
67	67	necessary costs of the treatment, supervision, or rehabilitation as
68	68	determined by the judge;
69	69	(12) fee for failure to appear for trial in a justice
70	70	or municipal court if a jury trial is not waived (Art. 45.026, Code
71	71	of Criminal Procedure) . . . costs incurred for impaneling the
72	72	jury;
73	73	(13) costs of certain testing, assessments, or
74	74	programs during a deferral period (Art. 45.051, Code of Criminal
75	75	Procedure) . . . amount ordered;
76	76	(14) special expense on dismissal of certain
77	77	misdemeanor complaints (Art. 45.051, Code of Criminal Procedure)
78	78	. . . not to exceed amount of fine assessed;
79	79	(15) an additional fee:
80	80	(A) for a copy of the defendant's driving record
81	81	to be requested from the Department of Public Safety by the judge
82	82	(Art. 45.0511(c-1), Code of Criminal Procedure) . . . amount equal
83	83	to the sum of the fee established by Section 521.048,
84	84	Transportation Code, and the state electronic Internet portal fee;
85	85	(B) as an administrative fee for requesting a
86	86	driving safety course or a course under the motorcycle operator
87	87	training and safety program for certain traffic offenses to cover
88	88	the cost of administering the article (Art. 45.0511(f)(1), Code of
89	89	Criminal Procedure) . . . not to exceed $10; or
90	90	(C) for requesting a driving safety course or a
91	91	course under the motorcycle operator training and safety program
92	92	before the final disposition of the case (Art. 45.0511(f)(2), Code
93	93	of Criminal Procedure) . . . not to exceed the maximum amount of the
94	94	fine for the offense committed by the defendant;
95	95	(16) a request fee for teen court program (Art.
96	96	45.052, Code of Criminal Procedure) . . . $20, if the court
97	97	ordering the fee is located in the Texas-Louisiana border region,
98	98	but otherwise not to exceed $10;
99	99	(17) a fee to cover costs of required duties of teen
100	100	court (Art. 45.052, Code of Criminal Procedure) . . . $20, if the
101	101	court ordering the fee is located in the Texas-Louisiana border
102	102	region, but otherwise $10;
103	103	(18) a mileage fee for officer performing certain
104	104	services (Art. 102.001, Code of Criminal Procedure) . . . $0.15 per
105	105	mile;
106	106	(19) certified mailing of notice of hearing date (Art.
107	107	102.006, Code of Criminal Procedure) . . . $1, plus postage;
108	108	(20) certified mailing of certified copies of an order
109	109	of expunction (Art. 102.006, Code of Criminal Procedure) . . . $2,
110	110	plus postage;
111	111	(20-a) a fee to defray the cost of notifying state
112	112	agencies of orders of expungement (Art. 45.0216, Code of Criminal
113	113	Procedure) . . . $30 per application;
114	114	(20-b) a fee to defray the cost of notifying state
115	115	agencies of orders of expunction (Art. 45.055, Code of Criminal
116	116	Procedure) . . . $30 per application;
117	117	(21) sight orders:
118	118	(A) if the face amount of the check or sight order
119	119	does not exceed $10 (Art. 102.007, Code of Criminal Procedure)
120	120	. . . not to exceed $10;
121	121	(B) if the face amount of the check or sight order
122	122	is greater than $10 but does not exceed $100 (Art. 102.007, Code of
123	123	Criminal Procedure) . . . not to exceed $15;
124	124	(C) if the face amount of the check or sight order
125	125	is greater than $100 but does not exceed $300 (Art. 102.007, Code of
126	126	Criminal Procedure) . . . not to exceed $30;
127	127	(D) if the face amount of the check or sight order
128	128	is greater than $300 but does not exceed $500 (Art. 102.007, Code of
129	129	Criminal Procedure) . . . not to exceed $50; and
130	130	(E) if the face amount of the check or sight order
131	131	is greater than $500 (Art. 102.007, Code of Criminal Procedure)
132	132	. . . not to exceed $75;
133	133	(22) fees for a pretrial intervention program:
134	134	(A) a supervision fee (Art. 102.012(a), Code of
135	135	Criminal Procedure) . . . $60 a month plus expenses; and
136	136	(B) a district attorney, criminal district
137	137	attorney, or county attorney administrative fee (Art. 102.0121,
138	138	Code of Criminal Procedure) . . . not to exceed $500;
139	139	(23) parking fee violations for child safety fund in
140	140	municipalities with populations:
141	141	(A) greater than 850,000 (Art. 102.014, Code of
142	142	Criminal Procedure) . . . not less than $2 and not to exceed $5; and
143	143	(B) less than 850,000 (Art. 102.014, Code of
144	144	Criminal Procedure) . . . not to exceed $5;
145	145	(24) an administrative fee for collection of fines,
146	146	fees, restitution, or other costs (Art. 102.072, Code of Criminal
147	147	Procedure) . . . not to exceed $2 for each transaction; and
148	148	(25) a collection fee, if authorized by the
149	149	commissioners court of a county or the governing body of a
150	150	municipality, for certain debts and accounts receivable, including
151	151	unpaid fines, fees, court costs, forfeited bonds, and restitution
152	152	ordered paid (Art. 103.0031, Code of Criminal Procedure) . . . 30
153	153	percent of an amount more than 60 days past due.
154	154	SECTION 3. The change in law made by this Act applies only
155	155	to an offense committed on or after the effective date of this Act.
156	156	An offense committed before the effective date of this Act is
157	157	governed by the law in effect on the date the offense was committed,
158	158	and the former law is continued in effect for that purpose. For
159	159	purposes of this section, an offense was committed before the
160	160	effective date of this Act if any element of the offense occurred
161	161	before that date.
162	162	SECTION 4. This Act takes effect September 1, 2015.