Texas 2017 - 85th Regular

Texas House Bill HB90 Compare Versions

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11 85R2974 MAW-D
22 By: Minjarez H.B. No. 90
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44
55 A BILL TO BE ENTITLED
66 AN ACT
77 relating to expanding the category of persons required to pay
88 certain costs on conviction imposed to support drug court programs.
99 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1010 SECTION 1. The heading to Article 102.0178, Code of
1111 Criminal Procedure, is amended to read as follows:
1212 Art. 102.0178. COSTS IMPOSED ON CONVICTION TO SUPPORT DRUG
1313 COURT PROGRAMS [ATTENDANT TO CERTAIN INTOXICATION AND DRUG
1414 CONVICTIONS].
1515 SECTION 2. Article 102.0178(a), Code of Criminal Procedure,
1616 is amended to read as follows:
1717 (a) In addition to other costs on conviction imposed by this
1818 chapter, a person shall pay $60 as a court cost on conviction of an
1919 offense punishable as a Class B misdemeanor or any higher category
2020 of offense [under:
2121 [(1) Chapter 49, Penal Code; or
2222 [(2) Chapter 481, Health and Safety Code].
2323 SECTION 3. Section 102.021, Government Code, is amended to
2424 read as follows:
2525 Sec. 102.021. COURT COSTS ON CONVICTION: CODE OF CRIMINAL
2626 PROCEDURE. A person convicted of an offense shall pay the following
2727 under the Code of Criminal Procedure, in addition to all other
2828 costs:
2929 (1) court cost on conviction of any offense, other
3030 than a conviction of an offense relating to a pedestrian or the
3131 parking of a motor vehicle (Art. 102.0045, Code of Criminal
3232 Procedure) . . . $4;
3333 (2) a fee for services of prosecutor (Art. 102.008,
3434 Code of Criminal Procedure) . . . $25;
3535 (3) fees for services of peace officer:
3636 (A) issuing a written notice to appear in court
3737 for certain violations (Art. 102.011, Code of Criminal Procedure)
3838 . . . $5;
3939 (B) executing or processing an issued arrest
4040 warrant, capias, or capias pro fine (Art. 102.011, Code of Criminal
4141 Procedure) . . . $50;
4242 (C) summoning a witness (Art. 102.011, Code of
4343 Criminal Procedure) . . . $5;
4444 (D) serving a writ not otherwise listed (Art.
4545 102.011, Code of Criminal Procedure) . . . $35;
4646 (E) taking and approving a bond and, if
4747 necessary, returning the bond to courthouse (Art. 102.011, Code of
4848 Criminal Procedure) . . . $10;
4949 (F) commitment or release (Art. 102.011, Code of
5050 Criminal Procedure) . . . $5;
5151 (G) summoning a jury (Art. 102.011, Code of
5252 Criminal Procedure) . . . $5;
5353 (H) attendance of a prisoner in habeas corpus
5454 case if prisoner has been remanded to custody or held to bail (Art.
5555 102.011, Code of Criminal Procedure) . . . $8 each day;
5656 (I) mileage for certain services performed (Art.
5757 102.011, Code of Criminal Procedure) . . . $0.29 per mile; and
5858 (J) services of a sheriff or constable who serves
5959 process and attends examining trial in certain cases (Art. 102.011,
6060 Code of Criminal Procedure) . . . not to exceed $5;
6161 (4) services of a peace officer in conveying a witness
6262 outside the county (Art. 102.011, Code of Criminal Procedure) . . .
6363 $10 per day or part of a day, plus actual necessary travel expenses;
6464 (5) overtime of peace officer for time spent
6565 testifying in the trial or traveling to or from testifying in the
6666 trial (Art. 102.011, Code of Criminal Procedure) . . . actual cost;
6767 (6) court costs on an offense relating to rules of the
6868 road, when offense occurs within a school crossing zone (Art.
6969 102.014, Code of Criminal Procedure) . . . $25;
7070 (7) court costs on an offense of passing a school bus
7171 (Art. 102.014, Code of Criminal Procedure) . . . $25;
7272 (8) court costs on an offense of parent contributing
7373 to student nonattendance (Art. 102.014, Code of Criminal Procedure)
7474 . . . $20;
7575 (9) cost for visual recording of intoxication arrest
7676 before conviction (Art. 102.018, Code of Criminal Procedure) . . .
7777 $15;
7878 (10) cost of certain evaluations (Art. 102.018, Code
7979 of Criminal Procedure) . . . actual cost;
8080 (11) additional costs attendant to certain
8181 intoxication convictions under Chapter 49, Penal Code, for
8282 emergency medical services, trauma facilities, and trauma care
8383 systems (Art. 102.0185, Code of Criminal Procedure) . . . $100;
8484 (12) additional costs attendant to certain child
8585 sexual assault and related convictions, for child abuse prevention
8686 programs (Art. 102.0186, Code of Criminal Procedure) . . . $100;
8787 (13) court cost for DNA testing for certain felonies
8888 (Art. 102.020(a)(1), Code of Criminal Procedure) . . . $250;
8989 (14) court cost for DNA testing for certain
9090 misdemeanors and felonies (Art. 102.020(a)(2), Code of Criminal
9191 Procedure) . . . $50;
9292 (15) court cost for DNA testing for certain felonies
9393 (Art. 102.020(a)(3), Code of Criminal Procedure) . . . $34;
9494 (16) if required by the court, a restitution fee for
9595 costs incurred in collecting restitution installments and for the
9696 compensation to victims of crime fund (Art. 42.037, Code of
9797 Criminal Procedure) . . . $12;
9898 (17) if directed by the justice of the peace or
9999 municipal court judge hearing the case, court costs on conviction
100100 in a criminal action (Art. 45.041, Code of Criminal Procedure)
101101 . . . part or all of the costs as directed by the judge; and
102102 (18) costs imposed on conviction of an offense
103103 punishable as a Class B misdemeanor, or of any higher category of
104104 offense [attendant to convictions under Chapter 49, Penal Code, and
105105 under Chapter 481, Health and Safety Code], to support [help fund]
106106 drug court programs established under Chapter 122, 123, 124, or
107107 125, Government Code, or former law (Art. 102.0178, Code of
108108 Criminal Procedure) . . . $60.
109109 SECTION 4. Article 102.0178, Code of Criminal Procedure, as
110110 amended by this Act, applies only to a cost on conviction for an
111111 offense committed on or after the effective date of this Act. An
112112 offense committed before the effective date of this Act is governed
113113 by the law in effect when the offense was committed, and the former
114114 law is continued in effect for that purpose. For purposes of this
115115 section, an offense was committed before the effective date of this
116116 Act if any element of the offense occurred before that date.
117117 SECTION 5. This Act takes effect September 1, 2017.