Texas 2021 - 87th Regular

Texas Senate Bill SB1923 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	S.B. No. 1923
	1	+	By: Zaffirini S.B. No. 1923
	2	+	(Leach)
2	3
3	4
	5	+	A BILL TO BE ENTITLED
4	6		AN ACT
5	7		relating to certain criminal court costs, fines, and fees.
6	8		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
7	9		SECTION 1. Article 42.152(b), Code of Criminal Procedure,
8	10		is amended to read as follows:
9	11		(b) After receiving a payment of a fine from a person
10	12		ordered to make the payment under this article, the clerk of the
11	13		court or fee officer shall:
12	14		(1) make a record of the payment;
13	15		(2) deduct a one-time $7 reimbursement [processing]
14	16		fee from the payment for deposit in the general fund of the county;
15	17		(3) forward the payment to the designated crime
16	18		stoppers organization; and
17	19		(4) make a record of the forwarding of the payment.
18	20		SECTION 2. Articles 42A.303(d) and (f), Code of Criminal
19	21		Procedure, are amended to read as follows:
20	22		(d) If a judge requires as a condition of community
21	23		supervision that the defendant serve a term of confinement and
22	24		treatment in a substance abuse felony punishment facility under
23	25		this article, the judge shall also require as a condition of
24	26		community supervision that on release from the facility the
25	27		defendant:
26	28		(1) participate in a drug or alcohol abuse continuum
27	29		of care treatment plan; and
28	30		(2) pay a reimbursement fee in an amount established
29	31		by the judge for residential aftercare required as part of the
30	32		treatment plan.
31	33		(f) The clerk of a court that collects a reimbursement fee
32	34		imposed under Subsection (d)(2) shall deposit the reimbursement fee
33	35		to be sent to the comptroller as provided by Subchapter B, Chapter
34	36		133, Local Government Code, and the comptroller shall deposit the
35	37		reimbursement fee into the general revenue fund. If the clerk does
36	38		not collect a reimbursement fee imposed under Subsection (d)(2),
37	39		the clerk is not required to file any report required by the
38	40		comptroller that relates to the collection of the reimbursement
39	41		fee. In establishing the amount of a reimbursement fee under
40	42		Subsection (d)(2), the judge shall consider fines, fees, and other
41	43		necessary expenses for which the defendant is obligated. The judge
42	44		may not:
43	45		(1) establish the reimbursement fee in an amount that
44	46		is greater than 25 percent of the defendant's gross income while the
45	47		defendant is a participant in residential aftercare; or
46	48		(2) require the defendant to pay the reimbursement fee
47	49		at any time other than a time at which the defendant is both
48	50		employed and a participant in residential aftercare.
49	51		SECTION 3. Chapter 101, Code of Criminal Procedure, is
50	52		amended by adding Article 101.004 to read as follows:
51	53		Art. 101.004. MEANING OF CONVICTION. In this title, a
52	54		person is considered to have been convicted in a case if:
53	55		(1) a judgment, a sentence, or both a judgment and a
54	56		sentence are imposed on the person;
55	57		(2) the person receives community supervision,
56	58		deferred adjudication, or deferred disposition; or
57	59		(3) the court defers final disposition of the case or
58	60		imposition of the judgment and sentence.
59	61		SECTION 4. Article 102.011(a), Code of Criminal Procedure,
60	62		is amended to read as follows:
61	63		(a) A defendant convicted of a felony or a misdemeanor shall
62	64		pay the following reimbursement fees to defray the cost of the [for]
63	65		services provided [performed] in the case by a peace officer:
64	66		(1) $5 for issuing a written notice to appear in court
65	67		following the defendant's violation of a traffic law, municipal
66	68		ordinance, or penal law of this state, or for making an arrest
67	69		without a warrant;
68	70		(2) $50 for executing or processing an issued arrest
69	71		warrant, capias, or capias pro fine, with the fee imposed for the
70	72		services of:
71	73		(A) the law enforcement agency that executed the
72	74		arrest warrant or capias, if the agency requests of the court, not
73	75		later than the 15th day after the date of the execution of the
74	76		arrest warrant or capias, the imposition of the fee on conviction;
75	77		or
76	78		(B) the law enforcement agency that processed the
77	79		arrest warrant or capias, if:
78	80		(i) the arrest warrant or capias was not
79	81		executed; or
80	82		(ii) the executing law enforcement agency
81	83		failed to request the fee within the period required by Paragraph
82	84		(A);
83	85		(3) $5 for summoning a witness;
84	86		(4) $35 for serving a writ not otherwise listed in this
85	87		article;
86	88		(5) $10 for taking and approving a bond and, if
87	89		necessary, returning the bond to the courthouse;
88	90		(6) $5 for commitment or release;
89	91		(7) $5 for summoning a jury, if a jury is summoned; and
90	92		(8) $8 for each day's attendance of a prisoner in a
91	93		habeas corpus case if the prisoner has been remanded to custody or
92	94		held to bail.
93	95		SECTION 5. Article 102.018(c)(1), Code of Criminal
94	96		Procedure, is amended to read as follows:
95	97		(1) Except as provided by Subsection (d) of this
96	98		article, if a person commits an offense under Chapter 49, Penal
97	99		Code, and as a direct result of the offense the person causes an
98	100		incident resulting in an accident response by a public agency, the
99	101		person is liable on conviction for the offense for the reasonable
100	102		expense to the agency of the accident response. [In this article, a
101	103		person is considered to have been convicted in a case if:
102	104		[(A) sentence is imposed;
103	105		[(B) the defendant receives probation or
104	106		deferred adjudication; or
105	107		[(C) the court defers final disposition of the
106	108		case.]
107	109		SECTION 6. Section 51.607, Government Code, is amended by
108	110		amending Subsection (c) and adding Subsection (d) to read as
109	111		follows:
110	112		(c) Except as provided by Subsection (d) and
111	113		notwithstanding [Notwithstanding] the effective date of the law
112	114		imposing or changing the amount of a court cost or fee included on
113	115		the list, the imposition or change in the amount of the court cost
114	116		or fee does not take effect until the next January 1 after the law
115	117		takes effect.
116	118		(d) Subsection (c) does not apply to a court cost or fee if
117	119		the law imposing or changing the amount of the cost or fee takes
118	120		effect on or after the January 1 following the regular session of
119	121		the legislature at which the law was enacted.
120	122		SECTION 7. Section 133.055(b), Local Government Code, is
121	123		amended to read as follows:
122	124		(b) If the treasurer does not collect any fees during a
123	125		calendar quarter, the treasurer shall file the report required for
124	126		the quarter in the regular manner. The report must state that no
125	127		fees were collected. This subsection does not apply to
126	128		reimbursement or other fees or fines collected under Article
127	129		42A.303, Code of Criminal Procedure, or under Section 76.013,
128	130		Government Code.
129	131		SECTION 8. Section 133.058(d), Local Government Code, is
130	132		amended to read as follows:
131	133		(d) A county may not retain a service fee on the collection
132	134		of a reimbursement or other fee or fine:
133	135		(1) for the judicial fund;
134	136		(2) under Article 42A.303 or 42A.653, Code of Criminal
135	137		Procedure;
136	138		(3) under Section 51.851, Government Code; or
137	139		(4) under Section 51.971, Government Code.
138	140		SECTION 9. Section 31.127(f), Parks and Wildlife Code, is
139	141		amended to read as follows:
140	142		(f) A court may dismiss a charge of operating a vessel with
141	143		an expired certificate of number under Section 31.021 if:
142	144		(1) the defendant remedies the defect not later than
143	145		the 10th working day after the date of the offense and pays a
144	146		reimbursement fee [fine] not to exceed $10; and
145	147		(2) the certificate of number has not been expired for
146	148		more than 60 days.
147	149		SECTION 10. Section 502.407(b), Transportation Code, is
148	150		amended to read as follows:
149	151		(b) A justice of the peace or municipal court judge having
150	152		jurisdiction of the offense may:
151	153		(1) dismiss a charge of driving with an expired motor
152	154		vehicle registration if the defendant:
153	155		(A) remedies the defect not later than the 20th
154	156		working day after the date of the offense or before the defendant's
155	157		first court appearance date, whichever is later; and
156	158		(B) establishes that the fee prescribed by
157	159		Section 502.045 has been paid; and
158	160		(2) assess a reimbursement fee [fine] not to exceed
159	161		$20 when the charge is dismissed.
160	162		SECTION 11. Section 502.473(d), Transportation Code, is
161	163		amended to read as follows:
162	164		(d) A court may dismiss a charge brought under Subsection
163	165		(a) if the defendant pays a reimbursement fee [fine] not to exceed
164	166		$10 and:
165	167		(1) remedies the defect before the defendant's first
166	168		court appearance; or
167	169		(2) shows that the motor vehicle was issued a
168	170		registration insignia by the department that was attached to the
169	171		motor vehicle, establishing that the vehicle was registered for the
170	172		period during which the offense was committed.
171	173		SECTION 12. Section 502.475(c), Transportation Code, is
172	174		amended to read as follows:
173	175		(c) A court may dismiss a charge brought under Subsection
174	176		(a)(3) if the defendant:
175	177		(1) remedies the defect before the defendant's first
176	178		court appearance; and
177	179		(2) pays a reimbursement fee [fine] not to exceed $10.
178	180		SECTION 13. Section 504.943(d), Transportation Code, is
179	181		amended to read as follows:
180	182		(d) A court may dismiss a charge brought under Subsection
181	183		(a)(1) if the defendant:
182	184		(1) remedies the defect before the defendant's first
183	185		court appearance; and
184	186		(2) pays a reimbursement fee [fine] not to exceed $10.
185	187		SECTION 14. Section 504.945(d), Transportation Code, is
186	188		amended to read as follows:
187	189		(d) A court may dismiss a charge brought under Subsection
188	190		(a)(3), (5), (6), or (7) if the defendant:
189	191		(1) remedies the defect before the defendant's first
190	192		court appearance;
191	193		(2) pays a reimbursement fee [fine] not to exceed $10;
192	194		and
193	195		(3) shows that the vehicle was issued a plate by the
194	196		department that was attached to the vehicle, establishing that the
195	197		vehicle was registered for the period during which the offense was
196	198		committed.
197	199		SECTION 15. Section 521.026(b), Transportation Code, is
198	200		amended to read as follows:
199	201		(b) The judge may assess the defendant a reimbursement fee
200	202		[fine] not to exceed $20 when the charge of driving with an expired
201	203		driver's license is dismissed under Subsection (a).
202	204		SECTION 16. Section 521.054(d), Transportation Code, is
203	205		amended to read as follows:
204	206		(d) A court may dismiss a charge for a violation of this
205	207		section if the defendant remedies the defect not later than the 20th
206	208		working day after the date of the offense and pays a reimbursement
207	209		fee [fine] not to exceed $20. The court may waive the reimbursement
208	210		fee [fine] if the waiver is in the interest of justice.
209	211		SECTION 17. Section 521.221(d), Transportation Code, is
210	212		amended to read as follows:
211	213		(d) A court may dismiss a charge for a violation of this
212	214		section if:
213	215		(1) the restriction or endorsement was imposed:
214	216		(A) because of a physical condition that was
215	217		surgically or otherwise medically corrected before the date of the
216	218		offense; or
217	219		(B) in error and that fact is established by the
218	220		defendant;
219	221		(2) the department removes the restriction or
220	222		endorsement before the defendant's first court appearance; and
221	223		(3) the defendant pays a reimbursement fee [fine] not
222	224		to exceed $10.
223	225		SECTION 18. Section 547.004(c), Transportation Code, is
224	226		amended to read as follows:
225	227		(c) A court may dismiss a charge brought under this section
226	228		if the defendant:
227	229		(1) remedies the defect before the defendant's first
228	230		court appearance; and
229	231		(2) pays a reimbursement fee [fine] not to exceed $10.
230	232		SECTION 19. Section 548.605(e), Transportation Code, is
231	233		amended to read as follows:
232	234		(e) A court shall:
233	235		(1) dismiss a charge under this section if the
234	236		defendant remedies the defect:
235	237		(A) not later than the 20th working day after the
236	238		date of the citation or before the defendant's first court
237	239		appearance date, whichever is later; and
238	240		(B) not later than the 40th working day after the
239	241		applicable deadline provided by this chapter, Chapter 382, Health
240	242		and Safety Code, or the department's administrative rules regarding
241	243		inspection requirements; and
242	244		(2) assess a reimbursement fee [fine] not to exceed
243	245		$20 when the charge has been remedied under Subdivision (1).
244	246		SECTION 20. Section 681.013(b), Transportation Code, is
245	247		amended to read as follows:
246	248		(b) The court shall:
247	249		(1) dismiss a charge for an offense under Section
248	250		681.011(b)(1) if:
249	251		(A) the vehicle displayed a disabled parking
250	252		placard that was not valid as expired;
251	253		(B) the defendant remedies the defect by renewing
252	254		the expired disabled parking placard within 20 working days from
253	255		the date of the offense or before the defendant's first court
254	256		appearance date, whichever is later; and
255	257		(C) the disabled parking placard has not been
256	258		expired for more than 60 days; and
257	259		(2) assess a reimbursement fee [fine] not to exceed
258	260		$20 when the charge has been remedied.
259	261		SECTION 21. The following provisions of the Code of
260	262		Criminal Procedure are repealed:
261	263		(1) Article 102.011(j); and
262	264		(2) Article 102.014(e).
263	265		SECTION 22. The changes in law made by this Act apply only
264	266		to a cost, fee, or fine on conviction for an offense committed on or
265	267		after the effective date of this Act. An offense committed before
266	268		the effective date of this Act is governed by the law in effect on
267	269		the date the offense was committed, and the former law is continued
268	270		in effect for that purpose. For purposes of this section, an
269	271		offense was committed before the effective date of this Act if any
270	272		element of the offense occurred before that date.
271	273		SECTION 23. This Act takes effect September 1, 2021.
272		-	______________________________ ______________________________
273		-	President of the Senate Speaker of the House
274		-	I hereby certify that S.B. No. 1923 passed the Senate on
275		-	April 23, 2021, by the following vote: Yeas 31, Nays 0.
276		-	______________________________
277		-	Secretary of the Senate
278		-	I hereby certify that S.B. No. 1923 passed the House on
279		-	May 26, 2021, by the following vote: Yeas 143, Nays 4, two
280		-	present not voting.
281		-	______________________________
282		-	Chief Clerk of the House
283		-	Approved:
284		-	______________________________
285		-	Date
286		-	______________________________
287		-	Governor