Texas 2017 - 85th Regular

Texas Senate Bill SB2106 Compare Versions

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

Old	New	Differences
1	1	85R5647 LHC-D
2	2	By: Menéndez S.B. No. 2106
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to authorizing a fee for certain pretrial intervention
8	8	programs.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subchapter A, Chapter 102, Code of Criminal
11	11	Procedure, is amended by adding Article 102.0111 to read as
12	12	follows:
13	13	Art. 102.0111. FEES FOR PRETRIAL INTERVENTION PROGRAMS:
14	14	COUNTY PRETRIAL SERVICES OFFICE. A county pretrial services office
15	15	may collect a supervision fee in an amount not to exceed $60 per
16	16	month from a defendant participating in a pretrial intervention
17	17	program operated by that office. The defendant may be required to
18	18	pay the fee under this subsection as a condition of participating in
19	19	the program.
20	20	SECTION 2. The heading to Article 102.012, Code of Criminal
21	21	Procedure, is amended to read as follows:
22	22	Art. 102.012. FEES FOR PRETRIAL INTERVENTION PROGRAMS:
23	23	COMMUNITY SUPERVISION AND CORRECTIONS DEPARTMENT.
24	24	SECTION 3. Article 103.004, Code of Criminal Procedure, is
25	25	amended by adding Subsection (e) to read as follows:
26	26	(e) The custodian of the county treasury shall deposit money
27	27	received from fees imposed under Article 102.0111 in a special fund
28	28	of the county treasury for the county pretrial services office
29	29	serving the county.
30	30	SECTION 4. Section 103.021, Government Code, is amended to
31	31	read as follows:
32	32	Sec. 103.021. ADDITIONAL FEES AND COSTS IN CRIMINAL OR
33	33	CIVIL CASES: CODE OF CRIMINAL PROCEDURE. An accused or
34	34	defendant, or a party to a civil suit, as applicable, shall pay the
35	35	following fees and costs under the Code of Criminal Procedure if
36	36	ordered by the court or otherwise required:
37	37	(1) a personal bond fee (Art. 17.42, Code of Criminal
38	38	Procedure) . . . the greater of $20 or three percent of the amount
39	39	of the bail fixed for the accused;
40	40	(2) cost of electronic monitoring as a condition of
41	41	release on personal bond (Art. 17.43, Code of Criminal Procedure)
42	42	. . . actual cost;
43	43	(3) a fee for verification of and monitoring of motor
44	44	vehicle ignition interlock (Art. 17.441, Code of Criminal
45	45	Procedure) . . . not to exceed $10;
46	46	(3-a) costs associated with operating a global
47	47	positioning monitoring system as a condition of release on bond
48	48	(Art. 17.49(b)(2), Code of Criminal Procedure) . . . actual costs,
49	49	subject to a determination of indigency;
50	50	(3-b) costs associated with providing a defendant's
51	51	victim with an electronic receptor device as a condition of the
52	52	defendant's release on bond (Art. 17.49(b)(3), Code of Criminal
53	53	Procedure) . . . actual costs, subject to a determination of
54	54	indigency;
55	55	(4) repayment of reward paid by a crime stoppers
56	56	organization on conviction of a felony (Art. 37.073, Code of
57	57	Criminal Procedure) . . . amount ordered;
58	58	(5) reimbursement to general revenue fund for payments
59	59	made to victim of an offense as condition of community supervision
60	60	(Chapter 42A, Code of Criminal Procedure) . . . not to exceed $50
61	61	for a misdemeanor offense or $100 for a felony offense;
62	62	(6) payment to a crime stoppers organization as
63	63	condition of community supervision (Chapter 42A, Code of Criminal
64	64	Procedure) . . . not to exceed $50;
65	65	(7) children's advocacy center fee (Chapter 42A, Code
66	66	of Criminal Procedure) . . . not to exceed $50;
67	67	(8) family violence center fee (Chapter 42A, Code of
68	68	Criminal Procedure) . . . $100;
69	69	(9) community supervision fee (Chapter 42A, Code of
70	70	Criminal Procedure) . . . not less than $25 or more than $60 per
71	71	month;
72	72	(10) additional community supervision fee for certain
73	73	offenses (Chapter 42A, Code of Criminal Procedure) . . . $5 per
74	74	month;
75	75	(11) for certain financially able sex offenders as a
76	76	condition of community supervision, the costs of treatment,
77	77	specialized supervision, or rehabilitation (Chapter 42A, Code of
78	78	Criminal Procedure) . . . all or part of the reasonable and
79	79	necessary costs of the treatment, supervision, or rehabilitation as
80	80	determined by the judge;
81	81	(12) fee for failure to appear for trial in a justice
82	82	or municipal court if a jury trial is not waived (Art. 45.026, Code
83	83	of Criminal Procedure) . . . costs incurred for impaneling the
84	84	jury;
85	85	(13) costs of certain testing, assessments, or
86	86	programs during a deferral period (Art. 45.051, Code of Criminal
87	87	Procedure) . . . amount ordered;
88	88	(14) special expense on dismissal of certain
89	89	misdemeanor complaints (Art. 45.051, Code of Criminal Procedure)
90	90	. . . not to exceed amount of fine assessed;
91	91	(15) an additional fee:
92	92	(A) for a copy of the defendant's driving record
93	93	to be requested from the Department of Public Safety by the judge
94	94	(Art. 45.0511(c-1), Code of Criminal Procedure) . . . amount equal
95	95	to the sum of the fee established by Section 521.048,
96	96	Transportation Code, and the state electronic Internet portal fee;
97	97	(B) as an administrative fee for requesting a
98	98	driving safety course or a course under the motorcycle operator
99	99	training and safety program for certain traffic offenses to cover
100	100	the cost of administering the article (Art. 45.0511(f)(1), Code of
101	101	Criminal Procedure) . . . not to exceed $10; or
102	102	(C) for requesting a driving safety course or a
103	103	course under the motorcycle operator training and safety program
104	104	before the final disposition of the case (Art. 45.0511(f)(2), Code
105	105	of Criminal Procedure) . . . not to exceed the maximum amount of the
106	106	fine for the offense committed by the defendant;
107	107	(16) a request fee for teen court program (Art.
108	108	45.052, Code of Criminal Procedure) . . . $20, if the court
109	109	ordering the fee is located in the Texas-Louisiana border region,
110	110	but otherwise not to exceed $10;
111	111	(17) a fee to cover costs of required duties of teen
112	112	court (Art. 45.052, Code of Criminal Procedure) . . . $20, if the
113	113	court ordering the fee is located in the Texas-Louisiana border
114	114	region, but otherwise $10;
115	115	(18) a mileage fee for officer performing certain
116	116	services (Art. 102.001, Code of Criminal Procedure) . . . $0.15 per
117	117	mile;
118	118	(19) certified mailing of notice of hearing date (Art.
119	119	102.006, Code of Criminal Procedure) . . . $1, plus postage;
120	120	(20) certified mailing of certified copies of an order
121	121	of expunction (Art. 102.006, Code of Criminal Procedure) . . . $2,
122	122	plus postage;
123	123	(20-a) a fee to defray the cost of notifying state
124	124	agencies of orders of expungement (Art. 45.0216, Code of Criminal
125	125	Procedure) . . . $30 per application;
126	126	(21) sight orders:
127	127	(A) if the face amount of the check or sight order
128	128	does not exceed $10 (Art. 102.007, Code of Criminal Procedure)
129	129	. . . not to exceed $10;
130	130	(B) if the face amount of the check or sight order
131	131	is greater than $10 but does not exceed $100 (Art. 102.007, Code of
132	132	Criminal Procedure) . . . not to exceed $15;
133	133	(C) if the face amount of the check or sight order
134	134	is greater than $100 but does not exceed $300 (Art. 102.007, Code of
135	135	Criminal Procedure) . . . not to exceed $30;
136	136	(D) if the face amount of the check or sight order
137	137	is greater than $300 but does not exceed $500 (Art. 102.007, Code of
138	138	Criminal Procedure) . . . not to exceed $50; and
139	139	(E) if the face amount of the check or sight order
140	140	is greater than $500 (Art. 102.007, Code of Criminal Procedure)
141	141	. . . not to exceed $75;
142	142	(22) fees for a pretrial intervention program:
143	143	(A) a supervision fee:
144	144	(i) if the program is operated by a county
145	145	pretrial services office (Art. 102.0111, Code of Criminal
146	146	Procedure). . . not to exceed $60 a month; or
147	147	(ii) if the program is operated by a
148	148	community supervision and corrections department (Art. 102.012
149	149	[102.012(a)], Code of Criminal Procedure) . . . $60 a month plus
150	150	expenses; and
151	151	(B) a district attorney, criminal district
152	152	attorney, or county attorney administrative fee (Art. 102.0121,
153	153	Code of Criminal Procedure) . . . not to exceed $500;
154	154	(23) parking fee violations for child safety fund in
155	155	municipalities with populations:
156	156	(A) greater than 850,000 (Art. 102.014, Code of
157	157	Criminal Procedure) . . . not less than $2 and not to exceed $5; and
158	158	(B) less than 850,000 (Art. 102.014, Code of
159	159	Criminal Procedure) . . . not to exceed $5;
160	160	(24) an administrative fee for collection of fines,
161	161	fees, restitution, or other costs (Art. 102.072, Code of Criminal
162	162	Procedure) . . . not to exceed $2 for each transaction;
163	163	(25) a collection fee, if authorized by the
164	164	commissioners court of a county or the governing body of a
165	165	municipality, for certain debts and accounts receivable, including
166	166	unpaid fines, fees, court costs, forfeited bonds, and restitution
167	167	ordered paid (Art. 103.0031, Code of Criminal Procedure) . . . 30
168	168	percent of an amount more than 60 days past due; and
169	169	(26) a cost on conviction for the truancy prevention
170	170	and diversion fund (Art. 102.015, Code of Criminal Procedure) . . .
171	171	$2.
172	172	SECTION 5. The change in law made by this Act applies only
173	173	to a defendant who participates in a pretrial intervention program
174	174	that begins on or after the effective date of this Act. A defendant
175	175	who participates in a pretrial intervention program that begins
176	176	before the effective date of this Act is governed by the law in
177	177	effect when the program began, and the former law is continued in
178	178	effect for that purpose.
179	179	SECTION 6. This Act takes effect September 1, 2017.