85R20169 LHC-D
By: Minjarez, Deshotel H.B. No. 1997
Substitute the following for H.B. No. 1997:
By: Moody C.S.H.B. No. 1997
A BILL TO BE ENTITLED
AN ACT
relating to authorizing a fee for certain pretrial diversion
programs.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 102, Code of Criminal
Procedure, is amended by adding Article 102.0111 to read as
follows:
Art. 102.0111. FEES FOR PRETRIAL DIVERSION PROGRAMS. A
county pretrial services office may collect a supervision fee in an
amount not to exceed $60 each month from a defendant participating
in a pretrial diversion program operated by that office. If the
office determines that the defendant is indigent, the office may
require the defendant to pay a fee of less than $60 only in an amount
the office determines would not cause undue hardship for the
defendant. The defendant may be required to pay the fee under this
article as a condition of participating in the program.
SECTION 2. Article 103.004, Code of Criminal Procedure, is
amended by adding Subsection (e) to read as follows:
(e) The custodian of the county treasury shall deposit in a
special fund of the county treasury for the county pretrial
services office serving the county money received from fees imposed
under Article 102.0111, to be used only for the pretrial diversion
program operated by that office.
SECTION 3. Subchapter B, Chapter 103, Government Code, is
amended by adding Section 103.02101 to read as follows:
Sec. 103.02101. ADDITIONAL FEE FOR PRETRIAL DIVERSION
PROGRAM: CODE OF CRIMINAL PROCEDURE. A defendant participating in
a pretrial diversion program operated by a county pretrial services
office shall, if required by the office, pay a supervision fee under
Article 102.0111, Code of Criminal Procedure, in an amount not to
exceed $60 each month.
SECTION 4. The change in law made by this Act applies only
to a defendant who participates in a pretrial diversion program
that begins on or after the effective date of this Act. A defendant
who participates in a pretrial diversion program that begins before
the effective date of this Act is governed by the law in effect when
the program began, and the former law is continued in effect for
that purpose.
SECTION 5. This Act takes effect September 1, 2017.