Texas 2017 - 85th Regular

Texas Senate Bill SB1582 Compare Versions

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

Old	New	Differences
1	1	85R11879 MAW-D
2	2	By: Garcia S.B. No. 1582
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to community supervision in this state and the waiver or
8	8	modification of certain fees, fines, and costs imposed on certain
9	9	defendants; changing fees applicable to community supervision or a
10	10	defendant's participation in certain programs.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Article 42A.304, Code of Criminal Procedure, is
13	13	amended by amending Subsection (c) and adding Subsections (h) and
14	14	(i) to read as follows:
15	15	(c) A defendant required or allowed to perform community
16	16	service under this article is not a state employee for the purposes
17	17	of Chapter 501 or 504, Labor Code.
18	18	(h) Each hour that a defendant required to perform community
19	19	service under this article spends participating in a
20	20	rehabilitative, educational, or vocational program satisfies one
21	21	hour of required community service if the judge determines that the
22	22	defendant's participation in the program tends to mitigate a risk
23	23	factor identified by a risk and needs assessment of the defendant.
24	24	(i) If a defendant is unable to pay, as ordered under this
25	25	chapter, community supervision fees, fines, or court costs or the
26	26	costs of legal services as described by Article 42A.301(11), the
27	27	judge shall allow the defendant to discharge, at the rate provided
28	28	by Article 43.09(k), all or part of the fees, fines, or costs by
29	29	performing community service.
30	30	SECTION 2. Article 42A.652, Code of Criminal Procedure, is
31	31	amended by amending Subsection (a) and adding Subsection (a-1) to
32	32	read as follows:
33	33	(a) Except as otherwise provided by this article, a judge
34	34	who grants community supervision to a defendant shall set a fee in
35	35	the applicable amount according to the schedule adopted under
36	36	Section 509.018, Government Code, [of not less than $25 and not more
37	37	than $60] to be paid each month during the period of community
38	38	supervision by the defendant to:
39	39	(1) the court of original jurisdiction; or
40	40	(2) the court accepting jurisdiction of the
41	41	defendant's case, if jurisdiction is transferred under Article
42	42	42A.151.
43	43	(a-1) A judge who grants community supervision or the judge
44	44	of the court accepting jurisdiction of a defendant's case under
45	45	Article 42A.151 may adjust the fee required to be paid under
46	46	Subsection (a) as necessary based on changes to any of the factors
47	47	listed in Section 509.018, Government Code, used in the setting of
48	48	the initial fee.
49	49	SECTION 3. Article 42A.751, Code of Criminal Procedure, is
50	50	amended by amending Subsection (i) and adding Subsection (i-1) to
51	51	read as follows:
52	52	(i) The court may not revoke a defendant's community
53	53	supervision or extend a defendant's period of community supervision
54	54	based solely on the defendant's failure [In a revocation hearing at
55	55	which it is alleged only that the defendant violated the conditions
56	56	of community supervision by failing] to pay [compensation paid to
57	57	appointed counsel,] community supervision fees, fines, or court
58	58	costs or to pay the costs of legal services as described by Article
59	59	42A.301(11), unless the court determines that:
60	60	(1) the defendant was able to pay and did not pay as
61	61	ordered; or
62	62	(2) the defendant:
63	63	(A) is unable to pay; and
64	64	(B) could have discharged the amount under
65	65	Article 42A.304(i) without experiencing any undue hardship but
66	66	failed to make a good faith effort to do so.
67	67	(i-1) For purposes of Subsection (i)(1), the state must
68	68	prove by a preponderance of the evidence that the defendant was able
69	69	to pay and did not pay as ordered by the judge.
70	70	SECTION 4. Article 43.091, Code of Criminal Procedure, is
71	71	amended to read as follows:
72	72	Art. 43.091. WAIVER OF PAYMENT OF FINES AND COSTS FOR
73	73	INDIGENT DEFENDANTS AND FOR CHILDREN. A court shall waive payment
74	74	of costs and may waive payment of a fine [or cost] imposed on a
75	75	defendant [who defaults in payment] if the court determines that:
76	76	(1) the defendant is indigent or was, at the time the
77	77	offense was committed, a child as defined by Article 45.058(h); and
78	78	(2) each alternative method of discharging the fine or
79	79	cost under Article 43.09 or 42.15 would impose an undue hardship on
80	80	the defendant.
81	81	SECTION 5. Article 102.012(a), Code of Criminal Procedure,
82	82	is amended to read as follows:
83	83	(a) A court that authorizes a defendant to participate in a
84	84	pretrial intervention program established under Section 76.011,
85	85	Government Code, may order the defendant to pay to the court a
86	86	monthly supervision fee in the applicable [an] amount according to
87	87	the schedule adopted under Section 509.018, Government Code, [not
88	88	more than $60 per month] as a condition of participating in the
89	89	program.
90	90	SECTION 6. Section 76.015(c), Government Code, is amended
91	91	to read as follows:
92	92	(c) A department may assess a monthly [a reasonable]
93	93	administrative fee in the applicable amount according to the
94	94	schedule adopted under Section 509.018 [of not less than $25 and not
95	95	more than $60 per month] on an individual who participates in a
96	96	program operated by the department or receives services from the
97	97	department and who is not paying a monthly fee under Article
98	98	42A.652, Code of Criminal Procedure.
99	99	SECTION 7. Section 103.021, Government Code, is amended to
100	100	read as follows:
101	101	Sec. 103.021. ADDITIONAL FEES AND COSTS IN CRIMINAL OR
102	102	CIVIL CASES: CODE OF CRIMINAL PROCEDURE. An accused or defendant,
103	103	or a party to a civil suit, as applicable, shall pay the following
104	104	fees and costs under the Code of Criminal Procedure if ordered by
105	105	the court or otherwise required:
106	106	(1) a personal bond fee (Art. 17.42, Code of Criminal
107	107	Procedure) . . . the greater of $20 or three percent of the amount
108	108	of the bail fixed for the accused;
109	109	(2) cost of electronic monitoring as a condition of
110	110	release on personal bond (Art. 17.43, Code of Criminal Procedure)
111	111	. . . actual cost;
112	112	(3) a fee for verification of and monitoring of motor
113	113	vehicle ignition interlock (Art. 17.441, Code of Criminal
114	114	Procedure) . . . not to exceed $10;
115	115	(3-a) costs associated with operating a global
116	116	positioning monitoring system as a condition of release on bond
117	117	(Art. 17.49(b)(2), Code of Criminal Procedure) . . . actual costs,
118	118	subject to a determination of indigency;
119	119	(3-b) costs associated with providing a defendant's
120	120	victim with an electronic receptor device as a condition of the
121	121	defendant's release on bond (Art. 17.49(b)(3), Code of Criminal
122	122	Procedure) . . . actual costs, subject to a determination of
123	123	indigency;
124	124	(4) repayment of reward paid by a crime stoppers
125	125	organization on conviction of a felony (Art. 37.073, Code of
126	126	Criminal Procedure) . . . amount ordered;
127	127	(5) reimbursement to general revenue fund for payments
128	128	made to victim of an offense as condition of community supervision
129	129	(Chapter 42A, Code of Criminal Procedure) . . . not to exceed $50
130	130	for a misdemeanor offense or $100 for a felony offense;
131	131	(6) payment to a crime stoppers organization as
132	132	condition of community supervision (Chapter 42A, Code of Criminal
133	133	Procedure) . . . not to exceed $50;
134	134	(7) children's advocacy center fee (Chapter 42A, Code
135	135	of Criminal Procedure) . . . not to exceed $50;
136	136	(8) family violence center fee (Chapter 42A, Code of
137	137	Criminal Procedure) . . . $100;
138	138	(9) community supervision fee (Chapter 42A, Code of
139	139	Criminal Procedure) . . . amount ordered [not less than $25 or more
140	140	than $60 per month];
141	141	(10) additional community supervision fee for certain
142	142	offenses (Chapter 42A, Code of Criminal Procedure) . . . $5 per
143	143	month;
144	144	(11) for certain financially able sex offenders as a
145	145	condition of community supervision, the costs of treatment,
146	146	specialized supervision, or rehabilitation (Chapter 42A, Code of
147	147	Criminal Procedure) . . . all or part of the reasonable and
148	148	necessary costs of the treatment, supervision, or rehabilitation as
149	149	determined by the judge;
150	150	(12) fee for failure to appear for trial in a justice
151	151	or municipal court if a jury trial is not waived (Art. 45.026, Code
152	152	of Criminal Procedure) . . . costs incurred for impaneling the
153	153	jury;
154	154	(13) costs of certain testing, assessments, or
155	155	programs during a deferral period (Art. 45.051, Code of Criminal
156	156	Procedure) . . . amount ordered;
157	157	(14) special expense on dismissal of certain
158	158	misdemeanor complaints (Art. 45.051, Code of Criminal Procedure)
159	159	. . . not to exceed amount of fine assessed;
160	160	(15) an additional fee:
161	161	(A) for a copy of the defendant's driving record
162	162	to be requested from the Department of Public Safety by the judge
163	163	(Art. 45.0511(c-1), Code of Criminal Procedure) . . . amount equal
164	164	to the sum of the fee established by Section 521.048,
165	165	Transportation Code, and the state electronic Internet portal fee;
166	166	(B) as an administrative fee for requesting a
167	167	driving safety course or a course under the motorcycle operator
168	168	training and safety program for certain traffic offenses to cover
169	169	the cost of administering the article (Art. 45.0511(f)(1), Code of
170	170	Criminal Procedure) . . . not to exceed $10; or
171	171	(C) for requesting a driving safety course or a
172	172	course under the motorcycle operator training and safety program
173	173	before the final disposition of the case (Art. 45.0511(f)(2), Code
174	174	of Criminal Procedure) . . . not to exceed the maximum amount of the
175	175	fine for the offense committed by the defendant;
176	176	(16) a request fee for teen court program (Art.
177	177	45.052, Code of Criminal Procedure) . . . $20, if the court
178	178	ordering the fee is located in the Texas-Louisiana border region,
179	179	but otherwise not to exceed $10;
180	180	(17) a fee to cover costs of required duties of teen
181	181	court (Art. 45.052, Code of Criminal Procedure) . . . $20, if the
182	182	court ordering the fee is located in the Texas-Louisiana border
183	183	region, but otherwise $10;
184	184	(18) a mileage fee for officer performing certain
185	185	services (Art. 102.001, Code of Criminal Procedure) . . . $0.15 per
186	186	mile;
187	187	(19) certified mailing of notice of hearing date (Art.
188	188	102.006, Code of Criminal Procedure) . . . $1, plus postage;
189	189	(20) certified mailing of certified copies of an order
190	190	of expunction (Art. 102.006, Code of Criminal Procedure) . . . $2,
191	191	plus postage;
192	192	(20-a) a fee to defray the cost of notifying state
193	193	agencies of orders of expungement (Art. 45.0216, Code of Criminal
194	194	Procedure) . . . $30 per application;
195	195	(21) sight orders:
196	196	(A) if the face amount of the check or sight order
197	197	does not exceed $10 (Art. 102.007, Code of Criminal Procedure)
198	198	. . . not to exceed $10;
199	199	(B) if the face amount of the check or sight order
200	200	is greater than $10 but does not exceed $100 (Art. 102.007, Code of
201	201	Criminal Procedure) . . . not to exceed $15;
202	202	(C) if the face amount of the check or sight order
203	203	is greater than $100 but does not exceed $300 (Art. 102.007, Code of
204	204	Criminal Procedure) . . . not to exceed $30;
205	205	(D) if the face amount of the check or sight order
206	206	is greater than $300 but does not exceed $500 (Art. 102.007, Code of
207	207	Criminal Procedure) . . . not to exceed $50; and
208	208	(E) if the face amount of the check or sight order
209	209	is greater than $500 (Art. 102.007, Code of Criminal Procedure)
210	210	. . . not to exceed $75;
211	211	(22) fees for a pretrial intervention program:
212	212	(A) a supervision fee (Art. 102.012(a), Code of
213	213	Criminal Procedure) . . . amount ordered [$60 a month plus
214	214	expenses]; and
215	215	(B) a district attorney, criminal district
216	216	attorney, or county attorney administrative fee (Art. 102.0121,
217	217	Code of Criminal Procedure) . . . not to exceed $500;
218	218	(23) parking fee violations for child safety fund in
219	219	municipalities with populations:
220	220	(A) greater than 850,000 (Art. 102.014, Code of
221	221	Criminal Procedure) . . . not less than $2 and not to exceed $5; and
222	222	(B) less than 850,000 (Art. 102.014, Code of
223	223	Criminal Procedure) . . . not to exceed $5;
224	224	(24) an administrative fee for collection of fines,
225	225	fees, restitution, or other costs (Art. 102.072, Code of Criminal
226	226	Procedure) . . . not to exceed $2 for each transaction;
227	227	(25) a collection fee, if authorized by the
228	228	commissioners court of a county or the governing body of a
229	229	municipality, for certain debts and accounts receivable, including
230	230	unpaid fines, fees, court costs, forfeited bonds, and restitution
231	231	ordered paid (Art. 103.0031, Code of Criminal Procedure) . . . 30
232	232	percent of an amount more than 60 days past due; and
233	233	(26) a cost on conviction for the truancy prevention
234	234	and diversion fund (Art. 102.015, Code of Criminal Procedure) . . .
235	235	$2.
236	236	SECTION 8. Section 103.0211, Government Code, is amended to
237	237	read as follows:
238	238	Sec. 103.0211. ADDITIONAL FEES AND COSTS IN CRIMINAL OR
239	239	CIVIL CASES: GOVERNMENT CODE. An accused or defendant, or a party
240	240	to a civil suit, as applicable, shall pay the following fees and
241	241	costs under the Government Code if ordered by the court or otherwise
242	242	required:
243	243	(1) a court reporter fee when testimony is taken:
244	244	(A) in a criminal court in Dallas County (Sec.
245	245	25.0593, Government Code) . . . $3;
246	246	(B) in a county criminal court of appeals in
247	247	Dallas County (Sec. 25.0594, Government Code) . . . $3;
248	248	(C) in a county court at law in McLennan County
249	249	(Sec. 25.1572, Government Code) . . . $3; and
250	250	(D) in a county criminal court in Tarrant County
251	251	(Sec. 25.2223, Government Code) . . . $3;
252	252	(2) a court reporter service fee if the courts have
253	253	official court reporters (Sec. 51.601, Government Code) . . . $15
254	254	or, in specified counties, $30;
255	255	(3) a speedy trial rights waiver motion filing fee in
256	256	El Paso County (Sec. 54.745, Government Code) . . . $100;
257	257	(4) the costs of a criminal magistrate if the court
258	258	determines that the nonprevailing party is able to defray the
259	259	costs:
260	260	(A) in Bexar County (Sec. 54.913, Government
261	261	Code) . . . magistrate's fees;
262	262	(B) in Dallas County (Sec. 54.313, Government
263	263	Code) . . . magistrate's fees;
264	264	(C) in Lubbock County (Sec. 54.883, Government
265	265	Code) . . . magistrate's fees;
266	266	(D) in Tarrant County (Sec. 54.663, Government
267	267	Code) . . . magistrate's fees; and
268	268	(E) in Travis County (Sec. 54.983, Government
269	269	Code) . . . magistrate's fees;
270	270	(5) an administrative fee for participation in certain
271	271	community supervision programs (Sec. 76.015, Government Code)
272	272	. . . amount ordered [not less than $25 and not more than $60 per
273	273	month]; and
274	274	(6) fee paid on filing a petition for an order of
275	275	nondisclosure of criminal history record information in certain
276	276	cases (Subchapter E-1, Chapter 411, Government Code) . . . $28.
277	277	SECTION 9. Chapter 509, Government Code, is amended by
278	278	adding Section 509.018 to read as follows:
279	279	Sec. 509.018. SCHEDULE OF FEES RELATED TO SUPERVISION. (a)
280	280	The division shall adopt a fee schedule applicable to the amount of
281	281	a fee that is authorized by:
282	282	(1) Section 76.015(c); or
283	283	(2) Article 42A.652 or 102.012(a), Code of Criminal
284	284	Procedure.
285	285	(b) The fee schedule must establish the monthly fee to be
286	286	paid by a person under a provision listed in Subsection (a) and must
287	287	calculate the fee based on the person's:
288	288	(1) income;
289	289	(2) family size;
290	290	(3) regular living expenses; and
291	291	(4) other relevant factors that vary based on the
292	292	person.
293	293	(c) The division shall update the fee schedule as the
294	294	division considers necessary to reflect changes attributable to
295	295	inflation and other relevant factors.
296	296	SECTION 10. Not later than January 1, 2018, the community
297	297	justice assistance division of the Texas Department of Criminal
298	298	Justice shall adopt the fee schedule required by Section 509.018,
299	299	Government Code, as added by this Act.
300	300	SECTION 11. Article 43.091, Code of Criminal Procedure, as
301	301	amended by this Act, applies to a criminal proceeding that
302	302	commences before, on, or after the effective date of this Act.
303	303	SECTION 12. Articles 42A.304 and 42A.751, Code of Criminal
304	304	Procedure, as amended by this Act, apply to a person on community
305	305	supervision on or after the effective date of this Act, regardless
306	306	of whether the person was placed on community supervision before,
307	307	on, or after the effective date of this Act.
308	308	SECTION 13. Articles 42A.652 and 102.012(a), Code of
309	309	Criminal Procedure, and Section 76.015(c), Government Code, as
310	310	amended by this Act, apply only to a fee that is due on or after the
311	311	effective date of this Act.
312	312	SECTION 14. To the extent of any conflict, this Act prevails
313	313	over another Act of the 85th Legislature, Regular Session, 2017,
314	314	relating to nonsubstantive additions to and corrections in enacted
315	315	codes.
316	316	SECTION 15. This Act takes effect September 1, 2017.