Texas 2019 - 86th Regular

Texas House Bill HB2651 Compare Versions

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

Old	New	Differences
1	1	86R2025 ADM-D
2	2	By: Lang H.B. No. 2651
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the amount of the fee paid by a defendant for a peace
8	8	officer's services in executing or processing an arrest warrant,
9	9	capias, or capias pro fine.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Article 102.011(a), Code of Criminal Procedure,
12	12	is amended to read as follows:
13	13	(a) A defendant convicted of a felony or a misdemeanor shall
14	14	pay the following fees for services performed in the case by a peace
15	15	officer:
16	16	(1) $5 for issuing a written notice to appear in court
17	17	following the defendant's violation of a traffic law, municipal
18	18	ordinance, or penal law of this state, or for making an arrest
19	19	without a warrant;
20	20	(2) $75 [$50] for executing or processing an issued
21	21	arrest warrant, capias, or capias pro fine with the fee imposed for
22	22	the services of:
23	23	(A) the law enforcement agency that executed the
24	24	arrest warrant or capias, if the agency requests of the court, not
25	25	later than the 15th day after the date of the execution of the
26	26	arrest warrant or capias, the imposition of the fee on conviction;
27	27	or
28	28	(B) the law enforcement agency that processed the
29	29	arrest warrant or capias, if:
30	30	(i) the arrest warrant or capias was not
31	31	executed; or
32	32	(ii) the executing law enforcement agency
33	33	failed to request the fee within the period required by Paragraph
34	34	(A) [of this subdivision];
35	35	(3) $5 for summoning a witness;
36	36	(4) $35 for serving a writ not otherwise listed in this
37	37	article;
38	38	(5) $10 for taking and approving a bond and, if
39	39	necessary, returning the bond to the courthouse;
40	40	(6) $5 for commitment or release;
41	41	(7) $5 for summoning a jury, if a jury is summoned; and
42	42	(8) $8 for each day's attendance of a prisoner in a
43	43	habeas corpus case if the prisoner has been remanded to custody or
44	44	held to bail.
45	45	SECTION 2. Section 102.021, Government Code, is amended to
46	46	read as follows:
47	47	Sec. 102.021. COURT COSTS ON CONVICTION: CODE OF CRIMINAL
48	48	PROCEDURE. A person convicted of an offense shall pay the following
49	49	under the Code of Criminal Procedure, in addition to all other
50	50	costs:
51	51	(1) court cost on conviction of any offense, other
52	52	than a conviction of an offense relating to a pedestrian or the
53	53	parking of a motor vehicle (Art. 102.0045, Code of Criminal
54	54	Procedure) . . . $4;
55	55	(2) a fee for services of prosecutor (Art. 102.008,
56	56	Code of Criminal Procedure) . . . $25;
57	57	(3) fees for services of peace officer:
58	58	(A) issuing a written notice to appear in court
59	59	for certain violations (Art. 102.011, Code of Criminal Procedure)
60	60	. . . $5;
61	61	(B) executing or processing an issued arrest
62	62	warrant, capias, or capias pro fine (Art. 102.011, Code of Criminal
63	63	Procedure) . . . $75 [$50];
64	64	(C) summoning a witness (Art. 102.011, Code of
65	65	Criminal Procedure) . . . $5;
66	66	(D) serving a writ not otherwise listed (Art.
67	67	102.011, Code of Criminal Procedure) . . . $35;
68	68	(E) taking and approving a bond and, if
69	69	necessary, returning the bond to courthouse (Art. 102.011, Code of
70	70	Criminal Procedure) . . . $10;
71	71	(F) commitment or release (Art. 102.011, Code of
72	72	Criminal Procedure) . . . $5;
73	73	(G) summoning a jury (Art. 102.011, Code of
74	74	Criminal Procedure) . . . $5;
75	75	(H) attendance of a prisoner in habeas corpus
76	76	case if prisoner has been remanded to custody or held to bail (Art.
77	77	102.011, Code of Criminal Procedure) . . . $8 each day;
78	78	(I) mileage for certain services performed (Art.
79	79	102.011, Code of Criminal Procedure) . . . $0.29 per mile; and
80	80	(J) services of a sheriff or constable who serves
81	81	process and attends examining trial in certain cases (Art. 102.011,
82	82	Code of Criminal Procedure) . . . not to exceed $5;
83	83	(4) services of a peace officer in conveying a witness
84	84	outside the county (Art. 102.011, Code of Criminal Procedure) . . .
85	85	$10 per day or part of a day, plus actual necessary travel expenses;
86	86	(5) overtime of peace officer for time spent
87	87	testifying in the trial or traveling to or from testifying in the
88	88	trial (Art. 102.011, Code of Criminal Procedure) . . . actual cost;
89	89	(6) court costs on an offense relating to rules of the
90	90	road, when offense occurs within a school crossing zone (Art.
91	91	102.014, Code of Criminal Procedure) . . . $25;
92	92	(7) court costs on an offense of passing a school bus
93	93	(Art. 102.014, Code of Criminal Procedure) . . . $25;
94	94	(8) court costs on an offense of parent contributing
95	95	to student nonattendance (Art. 102.014, Code of Criminal Procedure)
96	96	. . . $20;
97	97	(9) cost for visual recording of intoxication arrest
98	98	before conviction (Art. 102.018, Code of Criminal Procedure) . . .
99	99	$15;
100	100	(10) cost of certain evaluations (Art. 102.018, Code
101	101	of Criminal Procedure) . . . actual cost;
102	102	(11) additional costs attendant to certain
103	103	intoxication convictions under Chapter 49, Penal Code, for
104	104	emergency medical services, trauma facilities, and trauma care
105	105	systems (Art. 102.0185, Code of Criminal Procedure) . . . $100;
106	106	(12) additional costs attendant to certain child
107	107	sexual assault and related convictions, for child abuse prevention
108	108	programs (Art. 102.0186, Code of Criminal Procedure) . . . $100;
109	109	(13) court cost for DNA testing for certain felonies
110	110	(Art. 102.020(a)(1), Code of Criminal Procedure) . . . $250;
111	111	(14) court cost for DNA testing for certain
112	112	misdemeanors and felonies (Art. 102.020(a)(2), Code of Criminal
113	113	Procedure) . . . $50;
114	114	(15) court cost for DNA testing for certain felonies
115	115	(Art. 102.020(a)(3), Code of Criminal Procedure) . . . $34;
116	116	(16) if required by the court, a restitution fee for
117	117	costs incurred in collecting restitution installments and for the
118	118	compensation to victims of crime fund (Art. 42.037, Code of
119	119	Criminal Procedure) . . . $12;
120	120	(17) if directed by the justice of the peace or
121	121	municipal court judge hearing the case, court costs on conviction
122	122	in a criminal action (Art. 45.041, Code of Criminal Procedure) . . .
123	123	part or all of the costs as directed by the judge; and
124	124	(18) costs attendant to convictions under Chapter 49,
125	125	Penal Code, and under Chapter 481, Health and Safety Code, to help
126	126	fund drug court programs established under Chapter 122, 123, 124,
127	127	or 125, Government Code, or former law (Art. 102.0178, Code of
128	128	Criminal Procedure) . . . $60.
129	129	SECTION 3. The change in law made by this Act applies only
130	130	to a fee imposed for the execution or processing of a warrant,
131	131	capias, or capias pro fine issued for an offense committed on or
132	132	after the effective date of this Act. A fee imposed for the
133	133	execution or processing of a warrant, capias, or capias pro fine
134	134	issued for an offense committed before the effective date of this
135	135	Act is governed by the law in effect on the date the offense was
136	136	committed, and the former law is continued in effect for that
137	137	purpose. For purposes of this section, an offense was committed
138	138	before the effective date of this Act if any element of the offense
139	139	occurred before that date.
140	140	SECTION 4. This Act takes effect September 1, 2019.