Texas 2017 - 85th Regular

Texas House Bill HB597 Compare Versions

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

Old	New	Differences
1	1	85R3557 MEW-F
2	2	By: Moody H.B. No. 597
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the creation of a graffiti pretrial diversion program;
8	8	authorizing a fee.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Chapter 32, Code of Criminal Procedure, is
11	11	amended by adding Article 32.03 to read as follows:
12	12	Art. 32.03. DISMISSAL OF CERTAIN GRAFFITI CHARGES ON
13	13	COMPLETION OF PRETRIAL DIVERSION PROGRAM. (a) Any time before
14	14	trial commences, on the joint motion of a defendant charged with an
15	15	offense punishable under Sections 28.08(b)(1)-(4) or (d), Penal
16	16	Code, and the attorney representing the state, a court may defer
17	17	proceedings pending the defendant's completion of a pretrial
18	18	diversion program in which the defendant must:
19	19	(1) perform community service that:
20	20	(A) must, to the extent possible, include
21	21	graffiti removal; and
22	22	(B) may include outreach education focused on
23	23	graffiti prevention and eradication, youth mentoring in art-based
24	24	programs, mural painting, or another form of community service; and
25	25	(2) make restitution to the owner of the property on
26	26	which the defendant made markings, by:
27	27	(A) reimbursing the owner of the property for the
28	28	cost of restoring the property; or
29	29	(B) with the consent of the owner of the
30	30	property, personally restoring the property by removing or painting
31	31	over any markings the defendant made.
32	32	(b) The community service described by Subsection (a)(1)
33	33	must consist of:
34	34	(1) at least 25 hours and not more than 100 hours if
35	35	the offense is punishable under Section 28.08(b)(1), Penal Code;
36	36	(2) at least 50 hours and not more than 200 hours if
37	37	the offense is punishable under Section 28.08(b)(2), Penal Code;
38	38	(3) at least 75 hours and not more than 300 hours if
39	39	the offense is punishable under Section 28.08(b)(3), Penal Code;
40	40	and
41	41	(4) at least 100 hours and not more than 400 hours if
42	42	the offense is punishable under Section 28.08(b)(4) or (d), Penal
43	43	Code.
44	44	(c) A court that defers proceedings under Subsection (a)
45	45	shall set a reasonable date by which the defendant must complete the
46	46	program described in that subsection, which may be extended in the
47	47	court's discretion not later than one year after the date the
48	48	proceedings were deferred.
49	49	(d) A court shall dismiss the case if satisfactory evidence
50	50	is presented that the defendant successfully completed a program
51	51	under Subsection (a) by the date specified under Subsection (c).
52	52	SECTION 2. Article 102.012(b), Code of Criminal Procedure,
53	53	is amended to read as follows:
54	54	(b) In addition to or in lieu of the supervision fee
55	55	authorized by Subsection (a), the court may order the defendant to
56	56	pay or reimburse a community supervision and corrections department
57	57	for any other expense that is:
58	58	(1) incurred as a result of the defendant's
59	59	participation in the pretrial intervention program, other than an
60	60	expense described by Article 102.0121 or 102.0122; or
61	61	(2) necessary to the defendant's successful completion
62	62	of the program.
63	63	SECTION 3. Subchapter A, Chapter 102, Code of Criminal
64	64	Procedure, is amended by adding Article 102.0122 to read as
65	65	follows:
66	66	Art. 102.0122. FEES FOR CERTAIN EXPENSES RELATED TO
67	67	GRAFFITI PRETRIAL DIVERSION PROGRAM. (a) A district attorney,
68	68	criminal district attorney, or county attorney may collect from any
69	69	defendant referred to a graffiti pretrial diversion program under
70	70	Article 32.03 fees in the following amounts:
71	71	(1) an amount not to exceed $500 to be used to
72	72	reimburse a county for expenses, including expenses of the district
73	73	attorney's, criminal district attorney's, or county attorney's
74	74	office, related to the defendant's participation in a graffiti
75	75	pretrial diversion program offered in that county; and
76	76	(2) the amount of $50 to be used for the prevention of
77	77	juvenile delinquency and for graffiti eradication.
78	78	(b) Fees collected under Subsection (a)(1) shall be
79	79	deposited in the county treasury to the credit of a special fund to
80	80	be used solely to administer the graffiti pretrial diversion
81	81	program.
82	82	(c) Fees collected under Subsection (a)(2) shall be
83	83	deposited in the county treasury to the credit of the county
84	84	juvenile delinquency prevention fund under Article 102.0171.
85	85	SECTION 4. Section 103.021, Government Code, is amended to
86	86	read as follows:
87	87	Sec. 103.021. ADDITIONAL FEES AND COSTS IN CRIMINAL OR
88	88	CIVIL CASES: CODE OF CRIMINAL PROCEDURE. An accused or defendant,
89	89	or a party to a civil suit, as applicable, shall pay the following
90	90	fees and costs under the Code of Criminal Procedure if ordered by
91	91	the court or otherwise required:
92	92	(1) a personal bond fee (Art. 17.42, Code of Criminal
93	93	Procedure) . . . the greater of $20 or three percent of the amount of
94	94	the bail fixed for the accused;
95	95	(2) cost of electronic monitoring as a condition of
96	96	release on personal bond (Art. 17.43, Code of Criminal Procedure) .
97	97	. . actual cost;
98	98	(3) a fee for verification of and monitoring of motor
99	99	vehicle ignition interlock (Art. 17.441, Code of Criminal
100	100	Procedure) . . . not to exceed $10;
101	101	(3-a) costs associated with operating a global
102	102	positioning monitoring system as a condition of release on bond
103	103	(Art. 17.49(b)(2), Code of Criminal Procedure) . . . actual costs,
104	104	subject to a determination of indigency;
105	105	(3-b) costs associated with providing a defendant's
106	106	victim with an electronic receptor device as a condition of the
107	107	defendant's release on bond (Art. 17.49(b)(3), Code of Criminal
108	108	Procedure) . . . actual costs, subject to a determination of
109	109	indigency;
110	110	(4) repayment of reward paid by a crime stoppers
111	111	organization on conviction of a felony (Art. 37.073, Code of
112	112	Criminal Procedure) . . . amount ordered;
113	113	(5) reimbursement to general revenue fund for payments
114	114	made to victim of an offense as condition of community supervision
115	115	(Chapter 42A, Code of Criminal Procedure) . . . not to exceed $50
116	116	for a misdemeanor offense or $100 for a felony offense;
117	117	(6) payment to a crime stoppers organization as
118	118	condition of community supervision (Chapter 42A, Code of Criminal
119	119	Procedure) . . . not to exceed $50;
120	120	(7) children's advocacy center fee (Chapter 42A, Code
121	121	of Criminal Procedure) . . . not to exceed $50;
122	122	(8) family violence center fee (Chapter 42A, Code of
123	123	Criminal Procedure) . . . $100;
124	124	(9) community supervision fee (Chapter 42A, Code of
125	125	Criminal Procedure) . . . not less than $25 or more than $60 per
126	126	month;
127	127	(10) additional community supervision fee for certain
128	128	offenses (Chapter 42A, Code of Criminal Procedure) . . . $5 per
129	129	month;
130	130	(11) for certain financially able sex offenders as a
131	131	condition of community supervision, the costs of treatment,
132	132	specialized supervision, or rehabilitation (Chapter 42A, Code of
133	133	Criminal Procedure) . . . all or part of the reasonable and
134	134	necessary costs of the treatment, supervision, or rehabilitation as
135	135	determined by the judge;
136	136	(12) fee for failure to appear for trial in a justice
137	137	or municipal court if a jury trial is not waived (Art. 45.026, Code
138	138	of Criminal Procedure) . . . costs incurred for impaneling the jury;
139	139	(13) costs of certain testing, assessments, or
140	140	programs during a deferral period (Art. 45.051, Code of Criminal
141	141	Procedure) . . . amount ordered;
142	142	(14) special expense on dismissal of certain
143	143	misdemeanor complaints (Art. 45.051, Code of Criminal Procedure) .
144	144	. . not to exceed amount of fine assessed;
145	145	(15) an additional fee:
146	146	(A) for a copy of the defendant's driving record
147	147	to be requested from the Department of Public Safety by the judge
148	148	(Art. 45.0511(c-1), Code of Criminal Procedure) . . . amount equal
149	149	to the sum of the fee established by Section 521.048,
150	150	Transportation Code, and the state electronic Internet portal fee;
151	151	(B) as an administrative fee for requesting a
152	152	driving safety course or a course under the motorcycle operator
153	153	training and safety program for certain traffic offenses to cover
154	154	the cost of administering the article (Art. 45.0511(f)(1), Code of
155	155	Criminal Procedure) . . . not to exceed $10; or
156	156	(C) for requesting a driving safety course or a
157	157	course under the motorcycle operator training and safety program
158	158	before the final disposition of the case (Art. 45.0511(f)(2), Code
159	159	of Criminal Procedure) . . . not to exceed the maximum amount of the
160	160	fine for the offense committed by the defendant;
161	161	(16) a request fee for teen court program (Art.
162	162	45.052, Code of Criminal Procedure) . . . $20, if the court ordering
163	163	the fee is located in the Texas-Louisiana border region, but
164	164	otherwise not to exceed $10;
165	165	(17) a fee to cover costs of required duties of teen
166	166	court (Art. 45.052, Code of Criminal Procedure) . . . $20, if the
167	167	court ordering the fee is located in the Texas-Louisiana border
168	168	region, but otherwise $10;
169	169	(18) a mileage fee for officer performing certain
170	170	services (Art. 102.001, Code of Criminal Procedure) . . . $0.15 per
171	171	mile;
172	172	(19) certified mailing of notice of hearing date (Art.
173	173	102.006, Code of Criminal Procedure) . . . $1, plus postage;
174	174	(20) certified mailing of certified copies of an order
175	175	of expunction (Art. 102.006, Code of Criminal Procedure) . . . $2,
176	176	plus postage;
177	177	(20-a) a fee to defray the cost of notifying state
178	178	agencies of orders of expungement (Art. 45.0216, Code of Criminal
179	179	Procedure) . . . $30 per application;
180	180	(21) sight orders:
181	181	(A) if the face amount of the check or sight order
182	182	does not exceed $10 (Art. 102.007, Code of Criminal Procedure) . . .
183	183	not to exceed $10;
184	184	(B) if the face amount of the check or sight order
185	185	is greater than $10 but does not exceed $100 (Art. 102.007, Code of
186	186	Criminal Procedure) . . . not to exceed $15;
187	187	(C) if the face amount of the check or sight order
188	188	is greater than $100 but does not exceed $300 (Art. 102.007, Code of
189	189	Criminal Procedure) . . . not to exceed $30;
190	190	(D) if the face amount of the check or sight order
191	191	is greater than $300 but does not exceed $500 (Art. 102.007, Code of
192	192	Criminal Procedure) . . . not to exceed $50; and
193	193	(E) if the face amount of the check or sight order
194	194	is greater than $500 (Art. 102.007, Code of Criminal Procedure) . .
195	195	. not to exceed $75;
196	196	(22) fees for [a] pretrial intervention or diversion
197	197	programs [program]:
198	198	(A) a supervision fee (Art. 102.012(a), Code of
199	199	Criminal Procedure) . . . $60 a month plus expenses; [and]
200	200	(B) a district attorney, criminal district
201	201	attorney, or county attorney administrative fee (Art. 102.0121,
202	202	Code of Criminal Procedure) . . . not to exceed $500;
203	203	(C) a district attorney, criminal district
204	204	attorney, or county attorney administrative fee (Art.
205	205	102.0122(a)(1), Code of Criminal Procedure) . . . not to exceed
206	206	$500; and
207	207	(D) a fee payable to the county juvenile
208	208	delinquency prevention fund (Art. 102.0122(a)(2), Code of Criminal
209	209	Procedure) . . . $50;
210	210	(23) parking fee violations for child safety fund in
211	211	municipalities with populations:
212	212	(A) greater than 850,000 (Art. 102.014, Code of
213	213	Criminal Procedure) . . . not less than $2 and not to exceed $5; and
214	214	(B) less than 850,000 (Art. 102.014, Code of
215	215	Criminal Procedure) . . . not to exceed $5;
216	216	(24) an administrative fee for collection of fines,
217	217	fees, restitution, or other costs (Art. 102.072, Code of Criminal
218	218	Procedure) . . . not to exceed $2 for each transaction;
219	219	(25) a collection fee, if authorized by the
220	220	commissioners court of a county or the governing body of a
221	221	municipality, for certain debts and accounts receivable, including
222	222	unpaid fines, fees, court costs, forfeited bonds, and restitution
223	223	ordered paid (Art. 103.0031, Code of Criminal Procedure) . . . 30
224	224	percent of an amount more than 60 days past due; and
225	225	(26) a cost on conviction for the truancy prevention
226	226	and diversion fund (Art. 102.015, Code of Criminal Procedure) . . .
227	227	$2.
228	228	SECTION 5. The change in law made by this Act applies only
229	229	to an offense committed on or after the effective date of this Act.
230	230	An offense committed before the effective date of this Act is
231	231	governed by the law in effect on the date the offense was committed,
232	232	and the former law is continued in effect for that purpose. For
233	233	purposes of this section, an offense was committed before the
234	234	effective date of this Act if any element of the offense occurred
235	235	before that date.
236	236	SECTION 6. This Act takes effect September 1, 2017.