12 | | - | SECTION 1. Article 103.0081(a), Code of Criminal Procedure, |
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13 | | - | is amended to read as follows: |
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14 | | - | (a) Any officer authorized by this chapter to collect a fee |
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15 | | - | or item of cost may request the trial court in which a criminal |
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16 | | - | action or proceeding was held to make a finding that a fee or item of |
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17 | | - | cost imposed in the action or proceeding is uncollectible if the |
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18 | | - | officer believes: |
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19 | | - | (1) the defendant is deceased; |
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20 | | - | (2) the defendant is serving a sentence for |
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21 | | - | imprisonment for life or life without parole; or |
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22 | | - | (3) the fee has been unpaid for at least 10 [15] years. |
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23 | | - | SECTION 2. Article 103.0081(c), Code of Criminal Procedure, |
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24 | | - | is repealed. |
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25 | | - | SECTION 3. This Act takes effect September 1, 2019. |
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| 10 | + | SECTION 1. Articles 103.0081(b) and (c), Code of Criminal |
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| 11 | + | Procedure, are amended to read as follows: |
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| 12 | + | (b) On a finding by a court that any condition described by |
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| 13 | + | Subsections (a)(1)-(3) is true, the court may order the officer to |
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| 14 | + | designate the fee or item of cost as uncollectible in the fee record |
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| 15 | + | and enter an order forgiving the outstanding fee or item of cost and |
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| 16 | + | closing the case. The officer shall attach a copy of the court's |
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| 17 | + | order to the fee record. |
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| 18 | + | (c) The trial court in which a criminal action or proceeding |
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| 19 | + | was held may, on the court's own motion, make the finding described |
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| 20 | + | by Subsection (a) and enter an order forgiving an outstanding fee or |
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| 21 | + | item of cost imposed in the action or proceeding and closing the |
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| 22 | + | case [This article applies only to a county with a population of |
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| 23 | + | more than 780,000 but less than 790,000]. |
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| 24 | + | SECTION 2. This Act takes effect September 1, 2019. |
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