1 | 1 | | 85R2974 MAW-D |
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2 | 2 | | By: Minjarez H.B. No. 90 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | A BILL TO BE ENTITLED |
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6 | 6 | | AN ACT |
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7 | 7 | | relating to expanding the category of persons required to pay |
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8 | 8 | | certain costs on conviction imposed to support drug court programs. |
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9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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10 | 10 | | SECTION 1. The heading to Article 102.0178, Code of |
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11 | 11 | | Criminal Procedure, is amended to read as follows: |
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12 | 12 | | Art. 102.0178. COSTS IMPOSED ON CONVICTION TO SUPPORT DRUG |
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13 | 13 | | COURT PROGRAMS [ATTENDANT TO CERTAIN INTOXICATION AND DRUG |
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14 | 14 | | CONVICTIONS]. |
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15 | 15 | | SECTION 2. Article 102.0178(a), Code of Criminal Procedure, |
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16 | 16 | | is amended to read as follows: |
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17 | 17 | | (a) In addition to other costs on conviction imposed by this |
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18 | 18 | | chapter, a person shall pay $60 as a court cost on conviction of an |
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19 | 19 | | offense punishable as a Class B misdemeanor or any higher category |
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20 | 20 | | of offense [under: |
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21 | 21 | | [(1) Chapter 49, Penal Code; or |
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22 | 22 | | [(2) Chapter 481, Health and Safety Code]. |
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23 | 23 | | SECTION 3. Section 102.021, Government Code, is amended to |
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24 | 24 | | read as follows: |
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25 | 25 | | Sec. 102.021. COURT COSTS ON CONVICTION: CODE OF CRIMINAL |
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26 | 26 | | PROCEDURE. A person convicted of an offense shall pay the following |
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27 | 27 | | under the Code of Criminal Procedure, in addition to all other |
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28 | 28 | | costs: |
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29 | 29 | | (1) court cost on conviction of any offense, other |
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30 | 30 | | than a conviction of an offense relating to a pedestrian or the |
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31 | 31 | | parking of a motor vehicle (Art. 102.0045, Code of Criminal |
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32 | 32 | | Procedure) . . . $4; |
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33 | 33 | | (2) a fee for services of prosecutor (Art. 102.008, |
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34 | 34 | | Code of Criminal Procedure) . . . $25; |
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35 | 35 | | (3) fees for services of peace officer: |
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36 | 36 | | (A) issuing a written notice to appear in court |
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37 | 37 | | for certain violations (Art. 102.011, Code of Criminal Procedure) |
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38 | 38 | | . . . $5; |
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39 | 39 | | (B) executing or processing an issued arrest |
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40 | 40 | | warrant, capias, or capias pro fine (Art. 102.011, Code of Criminal |
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41 | 41 | | Procedure) . . . $50; |
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42 | 42 | | (C) summoning a witness (Art. 102.011, Code of |
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43 | 43 | | Criminal Procedure) . . . $5; |
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44 | 44 | | (D) serving a writ not otherwise listed (Art. |
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45 | 45 | | 102.011, Code of Criminal Procedure) . . . $35; |
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46 | 46 | | (E) taking and approving a bond and, if |
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47 | 47 | | necessary, returning the bond to courthouse (Art. 102.011, Code of |
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48 | 48 | | Criminal Procedure) . . . $10; |
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49 | 49 | | (F) commitment or release (Art. 102.011, Code of |
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50 | 50 | | Criminal Procedure) . . . $5; |
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51 | 51 | | (G) summoning a jury (Art. 102.011, Code of |
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52 | 52 | | Criminal Procedure) . . . $5; |
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53 | 53 | | (H) attendance of a prisoner in habeas corpus |
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54 | 54 | | case if prisoner has been remanded to custody or held to bail (Art. |
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55 | 55 | | 102.011, Code of Criminal Procedure) . . . $8 each day; |
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56 | 56 | | (I) mileage for certain services performed (Art. |
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57 | 57 | | 102.011, Code of Criminal Procedure) . . . $0.29 per mile; and |
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58 | 58 | | (J) services of a sheriff or constable who serves |
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59 | 59 | | process and attends examining trial in certain cases (Art. 102.011, |
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60 | 60 | | Code of Criminal Procedure) . . . not to exceed $5; |
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61 | 61 | | (4) services of a peace officer in conveying a witness |
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62 | 62 | | outside the county (Art. 102.011, Code of Criminal Procedure) . . . |
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63 | 63 | | $10 per day or part of a day, plus actual necessary travel expenses; |
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64 | 64 | | (5) overtime of peace officer for time spent |
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65 | 65 | | testifying in the trial or traveling to or from testifying in the |
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66 | 66 | | trial (Art. 102.011, Code of Criminal Procedure) . . . actual cost; |
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67 | 67 | | (6) court costs on an offense relating to rules of the |
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68 | 68 | | road, when offense occurs within a school crossing zone (Art. |
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69 | 69 | | 102.014, Code of Criminal Procedure) . . . $25; |
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70 | 70 | | (7) court costs on an offense of passing a school bus |
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71 | 71 | | (Art. 102.014, Code of Criminal Procedure) . . . $25; |
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72 | 72 | | (8) court costs on an offense of parent contributing |
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73 | 73 | | to student nonattendance (Art. 102.014, Code of Criminal Procedure) |
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74 | 74 | | . . . $20; |
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75 | 75 | | (9) cost for visual recording of intoxication arrest |
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76 | 76 | | before conviction (Art. 102.018, Code of Criminal Procedure) . . . |
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77 | 77 | | $15; |
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78 | 78 | | (10) cost of certain evaluations (Art. 102.018, Code |
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79 | 79 | | of Criminal Procedure) . . . actual cost; |
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80 | 80 | | (11) additional costs attendant to certain |
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81 | 81 | | intoxication convictions under Chapter 49, Penal Code, for |
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82 | 82 | | emergency medical services, trauma facilities, and trauma care |
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83 | 83 | | systems (Art. 102.0185, Code of Criminal Procedure) . . . $100; |
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84 | 84 | | (12) additional costs attendant to certain child |
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85 | 85 | | sexual assault and related convictions, for child abuse prevention |
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86 | 86 | | programs (Art. 102.0186, Code of Criminal Procedure) . . . $100; |
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87 | 87 | | (13) court cost for DNA testing for certain felonies |
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88 | 88 | | (Art. 102.020(a)(1), Code of Criminal Procedure) . . . $250; |
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89 | 89 | | (14) court cost for DNA testing for certain |
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90 | 90 | | misdemeanors and felonies (Art. 102.020(a)(2), Code of Criminal |
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91 | 91 | | Procedure) . . . $50; |
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92 | 92 | | (15) court cost for DNA testing for certain felonies |
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93 | 93 | | (Art. 102.020(a)(3), Code of Criminal Procedure) . . . $34; |
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94 | 94 | | (16) if required by the court, a restitution fee for |
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95 | 95 | | costs incurred in collecting restitution installments and for the |
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96 | 96 | | compensation to victims of crime fund (Art. 42.037, Code of |
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97 | 97 | | Criminal Procedure) . . . $12; |
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98 | 98 | | (17) if directed by the justice of the peace or |
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99 | 99 | | municipal court judge hearing the case, court costs on conviction |
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100 | 100 | | in a criminal action (Art. 45.041, Code of Criminal Procedure) |
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101 | 101 | | . . . part or all of the costs as directed by the judge; and |
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102 | 102 | | (18) costs imposed on conviction of an offense |
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103 | 103 | | punishable as a Class B misdemeanor, or of any higher category of |
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104 | 104 | | offense [attendant to convictions under Chapter 49, Penal Code, and |
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105 | 105 | | under Chapter 481, Health and Safety Code], to support [help fund] |
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106 | 106 | | drug court programs established under Chapter 122, 123, 124, or |
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107 | 107 | | 125, Government Code, or former law (Art. 102.0178, Code of |
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108 | 108 | | Criminal Procedure) . . . $60. |
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109 | 109 | | SECTION 4. Article 102.0178, Code of Criminal Procedure, as |
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110 | 110 | | amended by this Act, applies only to a cost on conviction for an |
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111 | 111 | | offense committed on or after the effective date of this Act. An |
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112 | 112 | | offense committed before the effective date of this Act is governed |
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113 | 113 | | by the law in effect when the offense was committed, and the former |
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114 | 114 | | law is continued in effect for that purpose. For purposes of this |
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115 | 115 | | section, an offense was committed before the effective date of this |
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116 | 116 | | Act if any element of the offense occurred before that date. |
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117 | 117 | | SECTION 5. This Act takes effect September 1, 2017. |
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