Texas 2015 - 84th Regular

Texas Senate Bill SB696 Compare Versions

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

Old	New	Differences
1	1	84R7329 MAW-F
2	2	By: Taylor of Galveston S.B. No. 696
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to increasing the fee on conviction paid by a defendant for
8	8	a peace officer committing or releasing the defendant.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Article 102.011(a), Code of Criminal Procedure,
11	11	is amended to read as follows:
12	12	(a) A defendant convicted of a felony or a misdemeanor shall
13	13	pay the following fees for services performed in the case by a peace
14	14	officer:
15	15	(1) $5 for issuing a written notice to appear in court
16	16	following the defendant's violation of a traffic law, municipal
17	17	ordinance, or penal law of this state, or for making an arrest
18	18	without a warrant;
19	19	(2) $50 for executing or processing an issued arrest
20	20	warrant, capias, or capias pro fine with the fee imposed for the
21	21	services of:
22	22	(A) the law enforcement agency that executed the
23	23	arrest warrant or capias, if the agency requests of the court, not
24	24	later than the 15th day after the date of the execution of the
25	25	arrest warrant or capias, the imposition of the fee on conviction;
26	26	or
27	27	(B) the law enforcement agency that processed the
28	28	arrest warrant or capias, if:
29	29	(i) the arrest warrant or capias was not
30	30	executed; or
31	31	(ii) the executing law enforcement agency
32	32	failed to request the fee within the period required by Paragraph
33	33	(A) of this subdivision;
34	34	(3) $5 for summoning a witness;
35	35	(4) $35 for serving a writ not otherwise listed in this
36	36	article;
37	37	(5) $10 for taking and approving a bond and, if
38	38	necessary, returning the bond to the courthouse;
39	39	(6) $90 [$5] for commitment or release;
40	40	(7) $5 for summoning a jury, if a jury is summoned; and
41	41	(8) $8 for each day's attendance of a prisoner in a
42	42	habeas corpus case if the prisoner has been remanded to custody or
43	43	held to bail.
44	44	SECTION 2. Section 102.021, Government Code, is amended to
45	45	read as follows:
46	46	Sec. 102.021. COURT COSTS ON CONVICTION: CODE OF CRIMINAL
47	47	PROCEDURE. A person convicted of an offense shall pay the
48	48	following under the Code of Criminal Procedure, in addition to all
49	49	other costs:
50	50	(1) court cost on conviction of any offense, other
51	51	than a conviction of an offense relating to a pedestrian or the
52	52	parking of a motor vehicle (Art. 102.0045, Code of Criminal
53	53	Procedure) . . . $4;
54	54	(2) a fee for services of prosecutor (Art. 102.008,
55	55	Code of Criminal Procedure) . . . $25;
56	56	(3) fees for services of peace officer:
57	57	(A) issuing a written notice to appear in court
58	58	for certain violations (Art. 102.011, Code of Criminal Procedure)
59	59	. . . $5;
60	60	(B) executing or processing an issued arrest
61	61	warrant, capias, or capias pro fine (Art. 102.011, Code of Criminal
62	62	Procedure) . . . $50;
63	63	(C) summoning a witness (Art. 102.011, Code of
64	64	Criminal Procedure) . . . $5;
65	65	(D) serving a writ not otherwise listed (Art.
66	66	102.011, Code of Criminal Procedure) . . . $35;
67	67	(E) taking and approving a bond and, if
68	68	necessary, returning the bond to courthouse (Art. 102.011, Code of
69	69	Criminal Procedure) . . . $10;
70	70	(F) commitment or release (Art. 102.011, Code of
71	71	Criminal Procedure) . . . $90 [$5];
72	72	(G) summoning a jury (Art. 102.011, Code of
73	73	Criminal Procedure) . . . $5;
74	74	(H) attendance of a prisoner in habeas corpus
75	75	case if prisoner has been remanded to custody or held to bail (Art.
76	76	102.011, Code of Criminal Procedure) . . . $8 each day;
77	77	(I) mileage for certain services performed (Art.
78	78	102.011, Code of Criminal Procedure) . . . $0.29 per mile; and
79	79	(J) services of a sheriff or constable who serves
80	80	process and attends examining trial in certain cases (Art. 102.011,
81	81	Code of Criminal Procedure) . . . not to exceed $5;
82	82	(4) services of a peace officer in conveying a witness
83	83	outside the county (Art. 102.011, Code of Criminal Procedure) . . .
84	84	$10 per day or part of a day, plus actual necessary travel expenses;
85	85	(5) overtime of peace officer for time spent
86	86	testifying in the trial or traveling to or from testifying in the
87	87	trial (Art. 102.011, Code of Criminal Procedure) . . . actual cost;
88	88	(6) court costs on an offense relating to rules of the
89	89	road, when offense occurs within a school crossing zone (Art.
90	90	102.014, Code of Criminal Procedure) . . . $25;
91	91	(7) court costs on an offense of passing a school bus
92	92	(Art. 102.014, Code of Criminal Procedure) . . . $25;
93	93	(8) court costs on an offense of truancy or
94	94	contributing to truancy (Art. 102.014, Code of Criminal Procedure)
95	95	. . . $20;
96	96	(9) cost for visual recording of intoxication arrest
97	97	before conviction (Art. 102.018, Code of Criminal Procedure) . . .
98	98	$15;
99	99	(10) cost of certain evaluations (Art. 102.018, Code
100	100	of Criminal Procedure) . . . actual cost;
101	101	(11) additional costs attendant to certain
102	102	intoxication convictions under Chapter 49, Penal Code, for
103	103	emergency medical services, trauma facilities, and trauma care
104	104	systems (Art. 102.0185, Code of Criminal Procedure) . . . $100;
105	105	(12) additional costs attendant to certain child
106	106	sexual assault and related convictions, for child abuse prevention
107	107	programs (Art. 102.0186, Code of Criminal Procedure) . . . $100;
108	108	(13) court cost for DNA testing for certain felonies
109	109	(Art. 102.020(a)(1), Code of Criminal Procedure) . . . $250;
110	110	(14) court cost for DNA testing for the offense of
111	111	public lewdness or indecent exposure (Art. 102.020(a)(2), Code of
112	112	Criminal Procedure) . . . $50;
113	113	(15) court cost for DNA testing for certain felonies
114	114	(Art. 102.020(a)(3), Code of Criminal Procedure) . . . $34;
115	115	(16) if required by the court, a restitution fee for
116	116	costs incurred in collecting restitution installments and for the
117	117	compensation to victims of crime fund (Art. 42.037, Code of
118	118	Criminal Procedure) . . . $12;
119	119	(17) if directed by the justice of the peace or
120	120	municipal court judge hearing the case, court costs on conviction
121	121	in a criminal action (Art. 45.041, Code of Criminal Procedure)
122	122	. . . part or all of the costs as directed by the judge; and
123	123	(18) costs attendant to convictions under Chapter 49,
124	124	Penal Code, and under Chapter 481, Health and Safety Code, to help
125	125	fund drug court programs established under Chapter 122, 123, 124,
126	126	or 125, Government Code, or former law (Art. 102.0178, Code of
127	127	Criminal Procedure) . . . $60.
128	128	SECTION 3. The change in law made by this Act applies only
129	129	to a fee imposed for the commitment or release of a defendant
130	130	convicted of an offense committed on or after the effective date of
131	131	this Act. A fee imposed for the commitment or release of a
132	132	defendant convicted of an offense committed before the effective
133	133	date of this Act is governed by the law in effect on the date the
134	134	offense was committed, and the former law is continued in effect for
135	135	that purpose. For purposes of this section, an offense was
136	136	committed before the effective date of this Act if any element of
137	137	the offense occurred before that date.
138	138	SECTION 4. This Act takes effect September 1, 2015.