Texas 2017 - 85th Regular

Texas House Bill HB2769 Compare Versions

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1	1	85R5102 LHC-D
2	2	By: Walle H.B. No. 2769
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the elimination of administrative fees for certain
8	8	transactions relating to the collection of fines, fees,
9	9	restitution, and other court costs in criminal cases.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 103.021, Government Code, is amended to
12	12	read as follows:
13	13	Sec. 103.021. ADDITIONAL FEES AND COSTS IN CRIMINAL OR
14	14	CIVIL CASES: CODE OF CRIMINAL PROCEDURE. An accused or
15	15	defendant, or a party to a civil suit, as applicable, shall pay the
16	16	following fees and costs under the Code of Criminal Procedure if
17	17	ordered by the court or otherwise required:
18	18	(1) a personal bond fee (Art. 17.42, Code of Criminal
19	19	Procedure) . . . the greater of $20 or three percent of the amount
20	20	of the bail fixed for the accused;
21	21	(2) cost of electronic monitoring as a condition of
22	22	release on personal bond (Art. 17.43, Code of Criminal Procedure)
23	23	. . . actual cost;
24	24	(3) a fee for verification of and monitoring of motor
25	25	vehicle ignition interlock (Art. 17.441, Code of Criminal
26	26	Procedure) . . . not to exceed $10;
27	27	(3-a) costs associated with operating a global
28	28	positioning monitoring system as a condition of release on bond
29	29	(Art. 17.49(b)(2), Code of Criminal Procedure) . . . actual costs,
30	30	subject to a determination of indigency;
31	31	(3-b) costs associated with providing a defendant's
32	32	victim with an electronic receptor device as a condition of the
33	33	defendant's release on bond (Art. 17.49(b)(3), Code of Criminal
34	34	Procedure) . . . actual costs, subject to a determination of
35	35	indigency;
36	36	(4) repayment of reward paid by a crime stoppers
37	37	organization on conviction of a felony (Art. 37.073, Code of
38	38	Criminal Procedure) . . . amount ordered;
39	39	(5) reimbursement to general revenue fund for payments
40	40	made to victim of an offense as condition of community supervision
41	41	(Chapter 42A, Code of Criminal Procedure) . . . not to exceed $50
42	42	for a misdemeanor offense or $100 for a felony offense;
43	43	(6) payment to a crime stoppers organization as
44	44	condition of community supervision (Chapter 42A, Code of Criminal
45	45	Procedure) . . . not to exceed $50;
46	46	(7) children's advocacy center fee (Chapter 42A, Code
47	47	of Criminal Procedure) . . . not to exceed $50;
48	48	(8) family violence center fee (Chapter 42A, Code of
49	49	Criminal Procedure) . . . $100;
50	50	(9) community supervision fee (Chapter 42A, Code of
51	51	Criminal Procedure) . . . not less than $25 or more than $60 per
52	52	month;
53	53	(10) additional community supervision fee for certain
54	54	offenses (Chapter 42A, Code of Criminal Procedure) . . . $5 per
55	55	month;
56	56	(11) for certain financially able sex offenders as a
57	57	condition of community supervision, the costs of treatment,
58	58	specialized supervision, or rehabilitation (Chapter 42A, Code of
59	59	Criminal Procedure) . . . all or part of the reasonable and
60	60	necessary costs of the treatment, supervision, or rehabilitation as
61	61	determined by the judge;
62	62	(12) fee for failure to appear for trial in a justice
63	63	or municipal court if a jury trial is not waived (Art. 45.026, Code
64	64	of Criminal Procedure) . . . costs incurred for impaneling the
65	65	jury;
66	66	(13) costs of certain testing, assessments, or
67	67	programs during a deferral period (Art. 45.051, Code of Criminal
68	68	Procedure) . . . amount ordered;
69	69	(14) special expense on dismissal of certain
70	70	misdemeanor complaints (Art. 45.051, Code of Criminal Procedure)
71	71	. . . not to exceed amount of fine assessed;
72	72	(15) an additional fee:
73	73	(A) for a copy of the defendant's driving record
74	74	to be requested from the Department of Public Safety by the judge
75	75	(Art. 45.0511(c-1), Code of Criminal Procedure) . . . amount equal
76	76	to the sum of the fee established by Section 521.048,
77	77	Transportation Code, and the state electronic Internet portal fee;
78	78	(B) as an administrative fee for requesting a
79	79	driving safety course or a course under the motorcycle operator
80	80	training and safety program for certain traffic offenses to cover
81	81	the cost of administering the article (Art. 45.0511(f)(1), Code of
82	82	Criminal Procedure) . . . not to exceed $10; or
83	83	(C) for requesting a driving safety course or a
84	84	course under the motorcycle operator training and safety program
85	85	before the final disposition of the case (Art. 45.0511(f)(2), Code
86	86	of Criminal Procedure) . . . not to exceed the maximum amount of the
87	87	fine for the offense committed by the defendant;
88	88	(16) a request fee for teen court program (Art.
89	89	45.052, Code of Criminal Procedure) . . . $20, if the court
90	90	ordering the fee is located in the Texas-Louisiana border region,
91	91	but otherwise not to exceed $10;
92	92	(17) a fee to cover costs of required duties of teen
93	93	court (Art. 45.052, Code of Criminal Procedure) . . . $20, if the
94	94	court ordering the fee is located in the Texas-Louisiana border
95	95	region, but otherwise $10;
96	96	(18) a mileage fee for officer performing certain
97	97	services (Art. 102.001, Code of Criminal Procedure) . . . $0.15 per
98	98	mile;
99	99	(19) certified mailing of notice of hearing date (Art.
100	100	102.006, Code of Criminal Procedure) . . . $1, plus postage;
101	101	(20) certified mailing of certified copies of an order
102	102	of expunction (Art. 102.006, Code of Criminal Procedure) . . . $2,
103	103	plus postage;
104	104	(20-a) a fee to defray the cost of notifying state
105	105	agencies of orders of expungement (Art. 45.0216, Code of Criminal
106	106	Procedure) . . . $30 per application;
107	107	(21) sight orders:
108	108	(A) if the face amount of the check or sight order
109	109	does not exceed $10 (Art. 102.007, Code of Criminal Procedure)
110	110	. . . not to exceed $10;
111	111	(B) if the face amount of the check or sight order
112	112	is greater than $10 but does not exceed $100 (Art. 102.007, Code of
113	113	Criminal Procedure) . . . not to exceed $15;
114	114	(C) if the face amount of the check or sight order
115	115	is greater than $100 but does not exceed $300 (Art. 102.007, Code of
116	116	Criminal Procedure) . . . not to exceed $30;
117	117	(D) if the face amount of the check or sight order
118	118	is greater than $300 but does not exceed $500 (Art. 102.007, Code of
119	119	Criminal Procedure) . . . not to exceed $50; and
120	120	(E) if the face amount of the check or sight order
121	121	is greater than $500 (Art. 102.007, Code of Criminal Procedure)
122	122	. . . not to exceed $75;
123	123	(22) fees for a pretrial intervention program:
124	124	(A) a supervision fee (Art. 102.012(a), Code of
125	125	Criminal Procedure) . . . $60 a month plus expenses; and
126	126	(B) a district attorney, criminal district
127	127	attorney, or county attorney administrative fee (Art. 102.0121,
128	128	Code of Criminal Procedure) . . . not to exceed $500;
129	129	(23) parking fee violations for child safety fund in
130	130	municipalities with populations:
131	131	(A) greater than 850,000 (Art. 102.014, Code of
132	132	Criminal Procedure) . . . not less than $2 and not to exceed $5; and
133	133	(B) less than 850,000 (Art. 102.014, Code of
134	134	Criminal Procedure) . . . not to exceed $5;
135	135	(24) [an administrative fee for collection of fines,
136	136	fees, restitution, or other costs (Art. 102.072, Code of Criminal
137	137	Procedure) . . . not to exceed $2 for each transaction;
138	138	[(25)] a collection fee, if authorized by the
139	139	commissioners court of a county or the governing body of a
140	140	municipality, for certain debts and accounts receivable, including
141	141	unpaid fines, fees, court costs, forfeited bonds, and restitution
142	142	ordered paid (Art. 103.0031, Code of Criminal Procedure) . . . 30
143	143	percent of an amount more than 60 days past due; and
144	144	(25) [(26)] a cost on conviction for the truancy
145	145	prevention and diversion fund (Art. 102.015, Code of Criminal
146	146	Procedure) . . . $2.
147	147	SECTION 2. Article 102.072, Code of Criminal Procedure, is
148	148	repealed.
149	149	SECTION 3. The change in law made by this Act applies only
150	150	to a transaction that occurs on or after the effective date of this
151	151	Act. A transaction that occurs before the effective date of this
152	152	Act is governed by the law in effect on the date the transaction
153	153	occurred, and the former law is continued in effect for that
154	154	purpose.
155	155	SECTION 4. This Act takes effect September 1, 2017.