| 1 | 1 | | 85R20169 LHC-D |
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| 2 | 2 | | By: Minjarez, Deshotel H.B. No. 1997 |
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| 3 | 3 | | Substitute the following for H.B. No. 1997: |
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| 4 | 4 | | By: Moody C.S.H.B. No. 1997 |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to authorizing a fee for certain pretrial diversion |
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| 10 | 10 | | programs. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Subchapter A, Chapter 102, Code of Criminal |
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| 13 | 13 | | Procedure, is amended by adding Article 102.0111 to read as |
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| 14 | 14 | | follows: |
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| 15 | 15 | | Art. 102.0111. FEES FOR PRETRIAL DIVERSION PROGRAMS. A |
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| 16 | 16 | | county pretrial services office may collect a supervision fee in an |
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| 17 | 17 | | amount not to exceed $60 each month from a defendant participating |
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| 18 | 18 | | in a pretrial diversion program operated by that office. If the |
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| 19 | 19 | | office determines that the defendant is indigent, the office may |
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| 20 | 20 | | require the defendant to pay a fee of less than $60 only in an amount |
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| 21 | 21 | | the office determines would not cause undue hardship for the |
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| 22 | 22 | | defendant. The defendant may be required to pay the fee under this |
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| 23 | 23 | | article as a condition of participating in the program. |
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| 24 | 24 | | SECTION 2. Article 103.004, Code of Criminal Procedure, is |
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| 25 | 25 | | amended by adding Subsection (e) to read as follows: |
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| 26 | 26 | | (e) The custodian of the county treasury shall deposit in a |
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| 27 | 27 | | special fund of the county treasury for the county pretrial |
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| 28 | 28 | | services office serving the county money received from fees imposed |
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| 29 | 29 | | under Article 102.0111, to be used only for the pretrial diversion |
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| 30 | 30 | | program operated by that office. |
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| 31 | 31 | | SECTION 3. Subchapter B, Chapter 103, Government Code, is |
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| 32 | 32 | | amended by adding Section 103.02101 to read as follows: |
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| 33 | 33 | | Sec. 103.02101. ADDITIONAL FEE FOR PRETRIAL DIVERSION |
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| 34 | 34 | | PROGRAM: CODE OF CRIMINAL PROCEDURE. A defendant participating in |
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| 35 | 35 | | a pretrial diversion program operated by a county pretrial services |
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| 36 | 36 | | office shall, if required by the office, pay a supervision fee under |
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| 37 | 37 | | Article 102.0111, Code of Criminal Procedure, in an amount not to |
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| 38 | 38 | | exceed $60 each month. |
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| 39 | 39 | | SECTION 4. The change in law made by this Act applies only |
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| 40 | 40 | | to a defendant who participates in a pretrial diversion program |
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| 41 | 41 | | that begins on or after the effective date of this Act. A defendant |
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| 42 | 42 | | who participates in a pretrial diversion program that begins before |
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| 43 | 43 | | the effective date of this Act is governed by the law in effect when |
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| 44 | 44 | | the program began, and the former law is continued in effect for |
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| 45 | 45 | | that purpose. |
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| 46 | 46 | | SECTION 5. This Act takes effect September 1, 2017. |
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